Dismissed

Varsha Apartment Owners Association v. State of Kerala

Kerala HC20 Jun 2012WP(C)/12902/2012

Case brief

AI extract

What is this about?

Petitioners challenged treated water disposal conditions in a building permit. The Court held that factual controversies regarding waste water disposal fall within the exclusive jurisdiction of the Tribunal for Local Self Government Institutions. Without entering into merits, the writ petition was dismissed with a direction to file an appeal before the Tribunal.

What did the court decide?

Writ petition dismissed; petitioners directed to approach Tribunal for Local Self Government Institutions within 15 days for factual adjudication on waste water disposal.

Varsha Apartment Owners Association Vs State… — Public Procurement and Tenders | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934

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WP(C).No. 12902 of 2012 (K)

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PETITIONER(S):

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1. VARSHA APARTMENT OWNERS ASSOCIATION, CHOTTANIKKARA, ERNAKULAM DISTRICT - 682 312 REPRESENTED BY ITS DULY AUTHORIZED OFFICE BEARER

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NANDAKUMAR K.R.,VARSHA APARTMENT OWNERS ASSOCIATION, C2, VARSHA APARTMENTS, CHOTTANIKKARA - 682 312.

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2. GOPI V., SECRETARY VARSHA APARTMENT OWNERS ASSOCIATION, CHOTTANIKKARA, ERNAKULAM DISTRICT - 682 312.

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BY ADV. SRI.P.SATHISAN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,

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HEALTH DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. DISTRICT COLLECTOR,

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COMMITTEE FOR DISTRICT PLANNING, COLLECTORATE,

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KAKKANAD, ERNAKULAM.

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3. SECRETARY, CHOTTANIKKARA GRAMA PANCHAYATH (SPECIAL GRADE) CHOTTANIKKARA - 682312.

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4. CHOTTANIKKARA GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, CHOTTANIKKARA,

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ERNAKULAM - PIN-682 312.

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5. PUBLIC HEALTH OFFICER, COLLECTORATE, KAKKANAD, ERNAKULAM.

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6. STATION HOUSE OFFICER,

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CHOTTANIKKARA POLICE STATION, CHOTTANIKKARA- PIN-682 312.

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7. JAYANDAN NAMBOOTHIRI, MANAGING PARTNER, PAVANAPURI BUILDERS, BUILDER VARSHA APARTMENTS, STATUE JUNCTION, TRIPUNITHURA ERNAKULAM- PIN-682301.

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R1,R2, R5 & R6 BY SR.GOVERNMENT PLEADER SRI.T.RAMAPRASAD UNNI R3 & R4 BY SRI.S.SREEKUMAR, SENIOR ADVOCATE BY ADV. SRI.P.MARTIN JOSE BY ADV. SRI.P.PRIJITH BY ADV. SRI.S.VAIDYANATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.12902/2012 K

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE REPRESENTATION MADE TO 3RD RESPONDENT.

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P2: COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005.

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P3: COPY OF THE REPLY GIVEN TO THE APPLICATION DTD.20/03/2012 UNDER RIGHT TO INFORMATION ACT, 2005.

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P4: COPY OF THE LETTER DTD. 17/12/2011 ISSUED BY 4TH RESPONDENT,

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P5: COPY OF THE FIR DTD. 03/05/2012.

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P6: COPY OF THE BUILDING PERMIT ISSUEDBY 3RD RESPONDENT DTD.05/09/2007.

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P7: COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY 3RD RESPONDENT DTD. 17/02/2011.

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P8: COPY OF THE PLAN AND LAY OUT OF TREATMENT PLANT.

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P9: COPY OF THE LAY OUT OF THE BUILDING COMPLEX.

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P10: COPY OF THE PERIODICAL LAB REPORTS ON WATER ANALYSIS.

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RESPONDENT'S EXHIBIT:

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R3(A): COPY OF THE CONSENT TO ESTABLISH DTD. 17/11/2009 ISSUED BY THE POLLUTION CONTROL BOARD TO THE 7TH RESPONDENT.

/TRUE COPY/

P.A.TO JUDGE

Kss

THOTTATHIL B.RADHAKRISHNAN &

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K.VINOD CHANDRAN, JJ.

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W.P(C).No.12902 of 2012

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Dated this the 20^th day of June, 2012

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JUDGMENT

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Thottathil B.Radhakrishnan,J.

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This writ petition is filed by an Apartment Owners Association and another. The point raised is their assertion that treated water from the apartment in which they reside is to be let into the public drain. The provisions in the Kerala Panchayat Raj Act, Rules and other Municipal Laws as also Public Health Act and Rules and notifications issued thereunder regulate the use of public drains and restricts certain items from being taken through the public drains. Looking at the statement and materials placed on record by the grama panchayat, they stand to assert that if permission for the construction was granted on the specific condition that the water used in the apartments would be treated, re-cycled and re-used in the premises itself and if at all there is any left

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WPC.12902/12

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over after such re-use, that would be permitted to sink down through a soak pit. The stand of the LSGI is that the water would not be permitted to go through the public drain going by the specific conditions of the permit. The petitioners would point out Exts.P6 and P7 to say that water treatment and disposal is provided for and once water is treated, the mode of disposal would be to the public drain. The issue raised needs adjudication on the basis of the plan submitted for approval, the approval granted, building permit, conditions imposed by the pollution Control Board and consent issued by the Environmental Engineer. Relevant aspects touching the controversies on facts is not to be adjudicated by the writ court. Not only that, an exclusive Tribunal is made for adjudication of such issues. We do not usurp the authority of the Tribunal for Local Self Government Institutions. Hence, without prejudice to the petitioners seeking remedy from that Tribunal and without entering on merits, this writ petition is dismissed. Since the issue relates to disposal of waste water,

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WPC.12902/12

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we request the Tribunal to entertain any such appeal if it is presented before it within a period of 15 days from now.

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Sd/THOTTATHIL B.RADHAKRISHNAN Judge.

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Sd/K.VINOD CHANDRAN Judge.

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kkb.20/6.

Varsha Apartment Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Varsha Apartment Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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