Disposed

Confederation of Apartment Owners Association v. State of Kerala

Kerala HC26 Oct 2017WP(C)/34129/2017

Case brief

AI extract

What is this about?

In this writ petition, apartment owners sought a directive for the Municipality to resume waste collection. The Court held that disposing of degradable waste is the owner's statutory responsibility under Section 334A(b), whereas the Municipality continues collecting non-degradable waste, directing the Secretary to address practical difficulties. Writ petition disposed of.

What did the court decide?

Directed the Secretary of the Municipality to take action to solve practical difficulties faced by petitioners in processing bio-degradable waste.

Confederation of Apartment Owners Association Vs State… — Specific Performance | Kerala HC (2017)

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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 ANTONY DOMINIC

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939

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WP(C).No. 34129 of 2017 (S)

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PETITIONERS:

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CONFEDERATION OF APARTMENT OWNERS ASSOCIATION PALAKKAD, REGN.NO. PKD/CA/215/2015, 8-F, SOORYA HEIGHTS APARTMENTS, KALMANDAPAM, PALAKKAD, REPRESENTED BY ITS SECRETARY, SHRI. P.K.VIJAYAN, AGED 48 YEARS, S/O. K.V. RADHAKRISHNAN, RESIDING AT 8-F, SOORYA HEIGHTS APARTMENTS, KALMANDAPAM, PALAKKAD.

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JAYALAKSHMI APARTMENT RESIDENTS ASSOCIATION PUTHOOR, PALAKKAD, REPRESENTED BY ITS SECRETARY, SHRI. K.C. RAMACHANDRAN, AGED 72 YEARS, S/O. K.K. CHINAN, FLAT NO.1-B, LAYALAKSHMI APARTMENTS, PUTHUR, PALAKKAD.

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V.C. VIJAYAN, AGED 62 YEARS, S/O. V.N.CHELLAPPAN NAIR, FLAT NO. 5-E, PVR SYMPHONY APARTMENTS, PALLIPURAM (P.O), PALAKKAD - 678 006.

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BY ADVS.SRI.U.BALAGANGADHARAN SRI.M.RAMACHANDRAN (KALOOR)

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM - 695 001.

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THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, PALAKKAD - 678 001.

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THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, PALAKKAD - 678 001.

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PALAKKAD MUNICIPALITY

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PALAKKAD, REPRESENTED BY ITS SECRETARY - 678 001.

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1. DISTRICT MEDICAL OFFICER (H), HEALTH DEPARTMENT, PALAKKAD - 678 001.

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1. THE DISTRICT MISSION COORDINATOR, KUDUMBASHREE, DWCUA, CIVIL STATION, COLLECTORATE,

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PALAKKAD - 678 001.

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R4 BY ADV.SRI.T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, R BY GOVERNMENT PLEADER SRI.ARAVINDA KUMAR BABU R BY SRI.T.C.SURESH MENON

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34129 of 2017 (S)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RESOLUTION DATED 15.06.2017 OF THE 5TH RESPONDENT.

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EXHIBIT P1(A) A TRUE ENGLISH TRANSLATION OF EXHIBIT P1 RESOLUTION.

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EXHIBIT P2 TRUE COPY OF ORDER DATED 09.10.2017 IN W.P.(C) NO.31804/17 ISSUED BY THIS HON'BLE COURT.

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EXHIBIT P3 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM JAIPRAKASH RESIDENTS ASSOCIATION, PALAKKAD.

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EXHIBIT P4 A TRUE COPY OF THE SWORN STATEMENT DATED 20.09.2017 OBTAINED FROM JAILAKSHMI APARTMENT RESIDENTS ASSOCIATION, PUTHUR.

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EXHIBIT P5 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM JAI KAILAS APARTMENT OWNER'S ASSOCIATION, SEKHARIPURAM.

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EXHIBIT P6 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM FEDERAL FORT OWNER'S ASSOCIATION, MANAPPULLIKKAVU.

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EXHIBIT P7 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM PVR SYMPHONY APARTMENT OWNER'S ASSOCIATION, PALLIPPURAM.

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EXHIBIT P8 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM SOORYA MANZIL APARTMENT OWNER'S ASSOCIATION, OLAVAKKOD.

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EXHIBIT P9 A TRUE COPY OF THE SWORN STATEMENT DATED 20.10.2017 OBTAINED FROM SAMMOHANAM APARTMENT OWNER'S ASSOCIATION, PALAKKAD.

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EXHIBIT P10 A TRUE COPY OF THE RESOLUTION DATED 22.10.2017 OF THE 1ST PETITIONER ASSOCIATION.

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RESPONDENTS' EXHIBITS:

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NIL.

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// TRUE COPY //

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ANTONY DOMINIC, J. & DAMA SESHADRI NAIDU, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.34129 of 2016

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26^th day of October, 2017

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JUDGMENT

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Antony Dominic, J.

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Petitioner is an association of apartment owners and the third petitioner is a resident of one of the apartments. In this writ petition, their prayer is to direct the fifth respondent to resume domestic waste both bio degradable and non bio degradable hitherto collected by the Kudumbashree Workers of the 7^th respondent and Sanitation Workers of the Municipality.

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The Standing Counsel appearing for the Municipality referred us to Section 334 A(b) which, inter alia, provides that the owner or person having lawful management or control of establishments, including flats are statutorily bound to process and dispose of in an appropriate manner the bio degradable waste segregated as per clause (a) at the source itself or with the written

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permission of the Secretary, at the neighbouring place in the ownership of such person. This, therefore, shows that the

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W.P.(C)No.34129 of 2016

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: 2 :

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processing and disposal of bio degradable waste generated from a flat complex is the responsibility of the persons having lawful management and control of such apartment complex. Therefore, insofar as the bio degradable waste generated from the apartments are concerned, their responsibility of processing and disposal have to be undertaken by the petitioners themselves and as far as the non bio degradable waste is concerned, the Municipality undertakes to continue collection thereof as before.

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However, the learned counsel for the petitioner says that as such there is no facility for collection and disposal of the bio degradable waste and, therefore, the Municipality should continue collection and disposal atleast for a short while until facilities are provided by the petitioners themselves.

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According to us, having regard to the statutory provisions which came to be incorporated in the Kerala Municipalities Act in 2011, this court will not be justified in issuing any positive

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W.P.(C)No.34129 of 2016

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: 3 :

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directions to the Municipality. However, it is ordered that if the petitioner approaches the Secretary of the Municipality with this grievance, the Secretary will take such necessary action as is warranted to solve the practical difficulties faced by the petitioner.

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Writ petition is accordingly disposed of.

sd/-

ANTONY DOMINIC

JUDGE

sd/- DAMA SESHADRI NAIDU

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JUDGE

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jes

Confederation of Apartment Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Confederation of Apartment Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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