High Court of KeralaWP(C)/23226/2014disposed of

Babu.K.S v. Adimali Grama Panchayath

2015-08-20Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 23226 of 2014 (S) ---------------------------- PETITIONER :

--------------------- BABU K.S., S/O.SANKARAN, AGED 46 YEARS KUMARATHINAL HOUSE, 200 ACRE MANNAMKANDOM P.O., IDUKKI DISTRICT.

BY ADVS.SRI.S.JIJI SRI.NAIJU RAVINDRANATH RESPONDENT(S) :

----------------------------

1. THE ADIMALI GRAMA PANCHAYATH ADIMALI, IDUKKI - 685 561, REPRESENTED BY ITS SECRETARY.

2. THE REVENUE DIVISIONAL OFFICER OFFICE OF THE R.D.O., DEVIKULAM, IDUKKI DISTRICT - 685 613.

3. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE D.M.O., PAINAVE, IDUKKI - 685 602.

4. THE DISTRICT OFFICER, POLLUTION CONTROL BOARD, CIVIL STATION, IDUKKI - 685 602.

R1 BY ADV. SRI.LATHEESH SEBASTIAN R2 & R3 BY SPL. GOVT. PLEADER SMT. GIRIJA GOPAL R4 BY ADV. SRI. M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 23226 of 2014 (S) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1 PHOTOGRAPHS OF THE PUBLIC COMFORT STATION AT ADIMALY BUS STAND AND ITS PREMISES.

EXHIBIT P2 COPY OF ONE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 18/2/2014.

EXHIBIT P2(a) ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 COPY OF ANOTHER NEWS ITEM PUBLISHED IN KERALA KAUMUDI DAILY DATED 30/4/2014.

EXHIBIT P3(a) ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4 COPY OF THE NOTICE DATED 6/12/2012.

EXHIBIT P4(a) ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5 COPY OF THE MEMORANDUM DATED 9/1/2014.

EXHIBIT P5(a) ENGLISH TRANSLATION OF EXHIBIT P5. EXHIBIT P6 COPY OF THE MEMORANDUM DATED 6/3/2014.

EXHIBIT P6(a) ENGLISH TRANSLATION OF EXHIBIT P6. EXHIBIT P7 COPY OF THE LETTER DATED 18/6/2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7(a) ENGLISH TRANSLATION OF EXHIBIT P7. EXHIBIT P8 COPY OF THE LETTER DATED 20/6/2014 ISSUED BY THE 3RD RESPONDENT TO THE IST RESPONDENT.

EXHIBIT P8(a) ENGLISH TRANSLATION OF EXHIBIT P8. EXHIBIT P9 COPY OF THE QUERY MADE UNDER RTI ACT DATED 16/7/2014. EXHIBIT P9(a) ENGLISH TRANSLATION OF EXHIBIT P9. RESPONDENT(S)' ANNEXURES :

----------------------------------------------- ANNEXURE R4(1) COPY OF THE LETTER NO. PCB/IDK/COMP/44/2014 DATED 1.1.2015 ADDRESSED TO SECRETARY, ADIMALY GRAMA PANCHAYATH.

//TRUE COPY// P.A. TO JUDGE Mn

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.23226 of 2014 ---------------------------------------- Dated this the 20th day of August 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court by filing this public interest litigation seeking for a direction to the respondents to take necessary measures to ensure pollution free facility in the Adimali private bus stand. It is stated that appropriate facilities are not available in the form of public latrine for the commuters and the existing facility was not catering to the needs of the public.

Counter affidavit has been filed by the 4th respondent inter alia stating that public comfort station owned by Grama Panchayath of Adimali is situated in the private bus stand and urinal facility, toilets, bath rooms are included in this in comfort station. When the Board officials visited the site on 21/11/2014, they could not ascertain the capacity and adequacy of underground septic tank constructed for the public comfort station. It was also stated that the provision of sewage treatment plant/septic tank/ - soak pit facility with adequate capacity and to stop the flow of sewage from the comfort station to the drain may

abate the pollution problems due to the functioning of the said public comfort station.

Learned counsel appearing for the respondent Grama Panchayath submits that the public comfort station had already been renovated and necessary steps have been taken to complete the work without causing any pollution, as alleged by the petitioner.

The learned counsel for the petitioner however would submit that despite renovation of the public comfort station, still there is some form of pollution as the odour emanating from the public comfort station is causing nuisance to the public. 5.

Having regard to the aforesaid factual situation, we direct the respondents to ensure that day to day cleanliness or hygienic treatment is made to the comfort station to avoid any form of pollution to the public.

With the above observation, this writ petition is disposed of. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr