Disposed

Shaneesh.U v. State of Kerala

Kerala HC21 Nov 2019WP(C)/18320/2019

Case brief

AI extract

What is this about?

The High Court considered a PIL regarding stacked waste in Koothuparambu Municipality. The Court observed unscientific e-waste handling by the 7th respondent. It directed the Municipality to remove waste within seven days if the petitioner claims rights, failing which the Municipality will remove it, without cancelling the licence.

What did the court decide?

Liberty granted to petitioner to relocate waste within seven days or direct Municipality to remove e-waste, plastic waste and scraps.

Shaneesh.U Vs State of Kerala — Environment and Pollution | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941

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WP(C).No.18320 OF 2019(L)

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PETITIONER:

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SHANEESH.U AGED 35 YEARS, S/O.RAGHAVAN, SHANEESH NIVAS, PALAPARAMBU, KOOTHUPARAMBU POST, KANNUR-670643.

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BY ADV. SMT.P.SHEENA RAJAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, KANNUR-670643.

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3 THE KOOTHUPARAMBU MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOOTHUPARAMBU, PIN-670643.

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4 THE CIRCLE INSPECTOR OF POLICE, KOOTHUPARAMBU POLICE STATION, KOOTHUPARAMBU-670643.

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5 THE EXECUTIVE ENGINEER, THE KERALA STATE POLLUTION CONTROL BOARD, 6TH FLOOR, RUBCO BUILDING, SOUTH BAZAR, KANNUR-670643.

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W.P(C).18320/2019

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6 HEALTH INSPECTOR, KOOTHUPARAMBU MUNICIPALITY-670643.

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7 BABU PUTHIYAPARAMBAN, AGED 52 YEARS CHALIL HOUSE, S/O.GOVINDAN, KOOTHUPARAMBU, PALAPARAMBU-670643.

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R1-2, R4 BY SR.GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU R3, R6 BY ADV. SRI.K.P.HARISH R3, R6 BY ADV. SRI.MUHAMMED YASIL R5 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, R7 BY ADV. SRI.ANIL.D.KAITHAKKAL R7 BY ADV. SRI.P.SAJU R7 BY ADV. SRI.R.JAYAPRAKASHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).18320/2019

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JUDGMENT

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Dated this the 21^st day of November, 2019

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S. Manikumar, CJ

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Instant public interest litigation is filed for a mandamus directing the respondents to remove the accumulated and stacked waste in Koothuparamba Municipality and within its jurisdictional areas. Further direction is sought for directing the said municipality to ensure that the 7^th respondent does not in future, collect waste and accumulate the same in open spaces and to cancel his contract with the municipality, in the event of the 7^th respondent collecting waste in detriment to the health of the residents of the municipality.

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Material on record discloses that on the complaint of the writ petitioner, action was taken under Sections 440 and 447 of the Kerala Municipality Act,1994. After giving sufficient opportunity to the 7^th respondent, on the reports as regards stacking of waste on road side and places adjacent to the writ petitioner, trade licence granted to the “Sreeram Bottles” (7^th respondent) has been cancelled vide proceedings in H1-4875/19, Kuthuparamba dated 17.09.2019 of the Municipality. 7^th respondent has been directed to remove all the

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W.P(C).18320/2019

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accumulated waste in the road side and land within 48 hours and to report the same to the Secretary, Kuthuparamba Municipality (Respondent No.3). For brevity, proceedings dated 17.9.2019 of the Secretary of the Kuthuparamba Municipality is reproduced :

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“KUTHUPARTAMBA MUNICIPAL SECRETARY ORDER PROCEDURE

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(present: Sree K.K. Sajith Kumar, Secretary)

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Kuthuparamba Municipality-Health department-order to cancel trade license of the institution Sree Ram Bottles functioning in Building KMC-No.3/277(Old)

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H1-4875/19 Kuthuparamba: Date:17.19.2019

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Indication:-

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Complaint dated 4.4.2019 of the natives of Palaparamba

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Reports of Junior Health Inspector in this Office dated 10.4.2019, 7.6.2019.

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Same number notices dated 16.4.2019, 12.6.2019 of this office.

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Same number notice dated 12.7.2019 of this Office.

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Decision of hearing dated 17.7.2019.

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Report dated 16.9.2019 of Health Inspector in this office.

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ORDER

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On the basis of indication No.1- complaint and indication No.2 reports, the indication No.3 notice was issued to you with a direction to remove negligently accumulated iron items, cardboard, plastic wastes to the road margin and surroundidng of your house. You failed to remove the same fully within stipulated time. Hence the indication No.4 notice was issued to you for hearing and was heard at your presence and on account of indication No.5 decision, you were permitted the period of one

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W.P(C).18320/2019

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and half months to remove negligently accumulated items near to your house an road margin. It is convinced from indication no.6 report that you failed to remove the items after the permitted period. You failed to obey the conditions mentioned in the notices served to you by the Municipality, your failure to execute the decision of hearing was serious laches from your part. Hence the licence issued to you for conducting the institution Sree Ram Bottles is ordered to be cancelled.

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It is directed to remove all accumulated wastes in the road margin and the land within 48 hours at the responsibility of your Institution and inform it to this office with document.

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Sd/-

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Secretary Kuthuparamba Municipality

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Addressee

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Sree Babu Puthiya Paramban S/o. Govindan, Chalil paramb House, Palaparamba.”

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Material on record further discloses that the Executive Environmental Engineer, Pollution Control Board, has inspected the subject site on 19.11.2019 and observed thus:

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“6. It is respectfully submitted that another inspection to the alleged site was conducted on 19-11-2019 to know the present site condition. It is observed that older wastes are being transported to Tamil Nadu. Collection of wastes and scraps are still continuing without any consent from the Board. No scientific facilities are provided for stocking the collected waste. The collected E-wastes are handling in an

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W.P(C).18320/2019

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unscientific manner and still not disposed of properly. Large quantities of E-wastes are still kept in the location. House holds cooking activities also carrying in the same location which may lead to fire spread in the locality. The E-waste and plastic waste thus collected are to be disposed without any delay by the 7^th respondent. Almost all automobile scraps are seen disposed from this area. Whereas only 20% of plastic and other waste are disposed, that too after getting notices from the Board. Moreover the application for consent from the Board is not yet submitted for carrying out the activities.6. It is respectfully submitted that another inspection to the alleged site was conducted on 19-11-2019 to know the present site condition. It is observed that older wastes are being transported to Tamil Nadu. Collection of wastes and scraps are still continuing without any consent from the Board. No scientific facilities are provided for stocking the collected waste. The collected E-wastes are handling in an unscientific manner and still not disposed of properly. Large quantities of E-wastes are still kept in the location. House holds cooking activities also carrying in the same location which may lead to fire spread in the locality. The E-waste and plastic waste thus collected are to be disposed without any delay by the 7^th respondent. Almost all automobile scraps are seen disposed from this area. Whereas only 20% of plastic and other waste are disposed, that too after getting notices from the Board. Moreover the application for consent from the Board is not yet submitted for carrying out the activities.”

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W.P(C).18320/2019

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Though Mr. P. Saju, learned counsel for the 7^th respondent submitted that due to rivalry, a complaint has been made against him, which resulted in revocation of the Trade Licence, we are not inclined to accept to the said contention for the reason that it is open to 7^th respondent to raise all tenable grounds challenging revocation of licence before the appropriate forum under the Kerala Municipalities Act.

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In so far as the observation of the Executive Environmental Engineer, Pollution Control Board extracted supra, learned counsel for the 7^th respondent submitted that all those scraps and waste items kept in the subject site were accumulated for over a period of time and all of them do not belong to the 7^th respondent.

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A perusal of observation of Executive Environmental Engineer, Pollution Control Board extracted supra shows that large quantities of e-waste are still kept in the location. He has reported that house holds cooking materials accumulated there may led to fire spread in the locality. E-waste and plastic waste thus collected are to be disposed without any delay by the 7^th respondent, whereas only 20% of the plastic and other waste are disposed, that too on receipt of notices from the Board.

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W.P(C).18320/2019

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In the event of the petitioner claiming any right on the waste,

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under the licence already granted, stored or accumulated in the subject site, liberty is given to relocate in the permitted place within seven days from today, failing which Koothuparamba Municipality (respondent No.3) is directed to remove the e-waste, plastic waste and other scraps kept at the subject site.

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Writ petition is disposed of.

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Sd/S. Manikumar, Chief Justice

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Sd/A.M. Shaffique, Judge

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sou.

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W.P(C).18320/2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE RESPECTIVE WASTES.

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EXHIBIT P2 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE SECRETARY OF THE KOOTHUPARAMBU MUNICIPALITY DATED 02.05.2019 WITH ENGLISH TRANSLATION.

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EXHIBIT P3 TRUE COPY OF THE RECEIPT RELATING TO REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CI OF POLICE, KOOTHUPARAMBU DATED 4.4.2019.

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RESPONDENT'S EXHIBITS

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EXHIBIT R3(A): TRUE COPY OF THE LICENSE ISSUED BY THE KUTHUPARAMBA MUNICIPALITY.

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EXHIBIT R3(B): TRUE COPY OF NOTICE DATED16.4.2019

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EXHIBIT R3(C): TRUE COPY OF THE NOTICE DATED12.6.2019

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EXHIBIT R3(D): TRUE COPY OF THE NOTICE DATED12.7.2019 TO APPEAR FOR HEARING.

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EXHIBIT R3(E): TRUE COPY OF THE UNDERTAKING BY THE 7^TH RESPONDENT DATED 17.7.2019

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EXHIBIT R3(F): TRUE COPY OF THE ORDER REVOKING THE LICENSE OF THE 7^TH RESPONDENT. EXHIBIT R3(G): PHOTOCOPY OF THE PHOTOGRAPHS SHOWING THE CURRENT SITUATION OF THE SHOP AND NEAR BY ROAD

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W.P(C).18320/2019

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EXHIBIT R7(A): TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER KERALA VALUE ADDED TAX RULES DATED 25.5.2011 BY COMMERCIAL TAX OFFICER.

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EXHIBIT 7(B): TRUE COPY OF THE RECEIPT OF RENEWAL OF MY TRADE LICENCE ISSUED BY KUTHUPARAMBA

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MUNICIPALITY DATED 22.3.2019.

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EXHIBIT R7(C): TRUE COPY OF THE ORDER OF CANCELLATION OF TRADE LICENCE DATED 17.9.2019 BY KUTHUPARAMBA MUNICIPALITY

Shaneesh.U v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaneesh.U v. State of Kerala

Case brief

What is this about?

What did the court decide?

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