This suo motu writ petition addressed pollution due to biomedical waste and non-functioning of sewage plants at Govt Medical College, Kozhikode. The Court noted approvals and ongoing construction of new STPs. Since developments were underway, no further directions were issued and the petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.12260 OF 2013(S)
PETITIONER/S:
SUO MOTU
PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM 'SNEHA' -A RESIDENTS ASSOCIATION,KOZHIKODE IN THE HIGH COURT REGISTRY,REGARDING THE PROBLEMS CAUSED BY THE BIOMEDICAL WASTES DUE TO THE NON-FUNCTIONING OF WASTE WATER MANAGEMENT PLANT IN MEDICAL COLLEGE,KOZHIKODE
BY ADV. ..
RESPONDENT/S:
REP.BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM.
THE PRINCIPAL,
GOVT. MEDICAL COLLEGE, KOZHIKODE.
(ADDL.R5 SUO MOTU IMPLEADED AS PER ORDER DATED 24.05.2013 IN THE WRIT PETITION.)
SRI.ARAVINDA KUMAR BABU, SR. GP FOR R1 TO R3 & R5 R4 BY SRI. M.AJAY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 12260/2013
: 2 :
Dated this the 11th day of January, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
This suo motu proceedings were initiated on a petition received from 'SNEHA', a residents Association, Kozhikode, in the registry regarding the problems caused by the bio-medical wastes due to the non-functioning of Waste Water Management Plant in Medical College, Kozhikode.
2. The aforesaid petition depicted the high pollution in the surrounding areas caused by the bio-medical wastes from the said hospital and alleges inaction on the part of concerned authorities as also the non-maintenance of oxidation plant and non-completion of waste water Management Plant in the said hospital.
W.P.(C) No. 12260/2013
: 3 :
on 19.6.2006, and the pleadings and materials on record, disposed of the writ petition as follows:
W.P.(C) No. 12260/2013
: 4 :
Bar and perusing the pleadings and documents on record, I am of the considered opinion that, the documents and pleadings put forth by respective respondents make it clear that, substantial developments are taking place in regard to the construction of the tank for the STP and also the installation of 3 MLD new plant as well as maintenance of the existing plant. In that view of the matter and since works are going on, I think it is only appropriate that, the writ petition can be disposed of recording the submissions made by the Principal of the Government Medical College specified above in the additional statement dated 18.3.2019 and the statement filed by the additional 7th respondent that tenders are invited for the construction of the 3 MLD plant.
Accordingly, the submissions are recorded and the writ petition is disposed of directing the respective parties to complete the work at the earliest possible time and at any rate within the time period prescribed for the AMRUT project, which will expire in March, 2020 and there will be a direction accordingly.”
W.P.(C) No. 12260/2013 : 5 :
the pumping of waste water to Mayanad area, a collection well was created with the financial assistance of seven MLA's in Kozhikode district. The work of the collection well is completed and the waste water from hospitals is being collected in the well and pumped to STP. With the completion of that project, pumping of polluted water to Mayanad area has been completely stopped.
Placing on record the above, we find that no further directions are required to be issued in the instant writ petition. Accordingly, this writ petition is closed.
S. MANIKUMAR, CHIEF JUSTICE.
SHAJI P. CHALY,
JUDGE.
Rv
W.P.(C) No. 12260/2013
: 6 :
APPENDIX
PETITIONER'S EXHIBITS: NIL
RESPONDENTS' EXHIBITS:
ANNEXURE R4(a): TRUE COPY OF THE LETTER DATED 02.08.2011 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(b): TRUE COPY OF THE LETTER DATED 05.12.2012 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(c): TRUE COPY OF THE LETTER DATED 12.03.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(d): TRUE COPY OF THE LETTER DATED 25.06.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(e): TRUE COPY OF THE LETTER DATED 28.02.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
ANNEXURE R4(f): TRUE COPY OF THE LETTER DATED 22.03.2013 ISSUED BY THE BOARD TO THE 1ST RESPONDENT.
/True Copy/
P.S to Judge.
rv
2 issues framed by the court
Whether directions are required in the instant writ petition regarding the non-functioning of the waste water management plant at Government Medical College, Kozhikode.
Whether the construction of the 3 MLD sewage treatment plant under the AMRUT scheme is underway to address the pollution issue.
Colour shows how this judgement treated each authority
W.P.(C) No. 23362 of 2016Explained¶31
Suo Motu (on petition by SNRHA's Residents Association, Kozhikode)
State of Kerala
District Collector, Kozhikode
District Medical Officer, Kozhikode
Director, Pollution Control Board, Thiruvananthapuram
Addl. R5: Principal, Govt. Medical College, Kozhikode
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
