Disposed

Nazeema K v. State of Kerala

Kerala HC21 Oct 2021WP(C)/21790/2018

Case brief

AI extract

What is this about?

Writ petition sought mandamus to direct State and Corporation of Cochin to clean Rameshwaram Canal, remove tree branches, and install CCTV for waste monitoring. Court observed cleaning work was underway, cancelled some prayers, but directed completion of pending work and regular monitoring with compliance report.

What did the court decide?

Directed respondents to complete canal cleaning and tree branch removal within two months; directed regular monitoring by Corporation with compliance report by 1st week of December 2021; denied direct

Nazeema K Vs State of Kerala — Environment and Pollution | Kerala HC (2021)

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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 SHAJI P.CHALY

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THURSDAY, THE 21^ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943

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WP(C) NO. 21790 OF 2018

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PETITIONERS:

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1 NAZEEMA K

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AGED 42 YEARS

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W/O YAHIYA, AGED 42 YEARS,H.NO.12/341, ACHALATH ROAD, PANDIKUDI, FORT KOCHI

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2 SUHASISNI

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AGED 55 YEARS, W/O SAJILAL, NARAYANA MANDIRAM, PALLIPARAMBU,PANAYAPPALLY, KOCHI

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BY ADV SMT.T.B.MINI

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE CHIEF SECRETARY,

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SECRETARIAT,THIRUVANANTHAPURAM

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT

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WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001

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3 THE CHIEF ENGINEER

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MINOR IRRIGATION, SECRETARIAT, TRIVANDRUM - 695001

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4 THE EXECUTIVE ENGINEER

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MINOR IRRIGATION, KAKKANAD- 682 030

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5 DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030

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6 THE CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY, MAIN OFFICE, NEAR BOAT JETTY, ERNAKULAM, KOCHI-11

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7 THE MAYOR CORPORATION OF COCHIN, MAIN OFFICE, NEAR BOAT JETTY,ERNAKULAM, KOCHI- 682 011

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8 THE KERALA SHIPPING AND INLAND NAVIGATION CORPORATION ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR MARINE DRIVE, ERNAKULAM- 682 034

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9 THE HEALTH OFFICER CORPORATION OF COCHIN, CIRCLE NO.6, FORT KOCHI, KOCHI- 682 002

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W.P.(C) No.21790 of 2018

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BY ADVS. SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER FOR R1 TO R5 SRI.JOSEPH K.L., STANDING COUNSEL, KOCHI MUNICIPAL CORPORATION FOR R6, R7 AND R9 SRI.SANTHOSH MATHEW, STANDING COUNSEL FOR R8

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21790 of 2018

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JUDGMENT

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Dated this the 21^st day of October, 2021

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S. MANIKUMAR,CJ.

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Instant writ petition is filed for a mandamus directing the State of Kerala, represented by the Chief Secretary, Thiruvananthapuram, the Principal Secretary to Government, Water Resources Department, Thiruvananthapuram, the Chief Engineer, Minor Irrigation, Secretariat, Trivandrum, The Executive Engineer, Minor Irrigation, Kakkanad, District Collector, Ernakulam and the Corporation of Cochin, represented by its Secretary, Ernakulam – respondents 1 to 6, respectively, to take urgent and effective steps to clean Rameshwaram Canal, protect and maintain the canal properly, with continuous monitoring.

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Petitioner has also sought for a mandamus directing the District Collector, Ernakulam and the Corporation of Cochin, Ernakulam – respondents 5 & 6, respectively, to take necessary steps to cut and remove the branches of tress bending to the canal.

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Further direction has been sought for, directing the District Collector, Ernakulam and Corporation of Cochin, represented by its Secretary, Ernakulam – respondents 5 & 6, to install CCTV camera on

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W.P.(C) No.21790 of 2018

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the banks of Rameswaram Canal, after cleaning or adopt any other method to find out the persons who are throwing waste to the canal to prevent dumbing of waste to Rameswaram Canal.

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Short facts leading to the writ petition are as hereunder:

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Petitioners and their family are residing on the banks of Rameswaram Canal/Kalwathy Canal in Division No.8 of Kochi Corporation, in an unhygienic condition, fearing the attack of epidemics. According to the petitioner, Kalwathy canal was in fact having 6.4 kms. long and on its bank, around thousands of people are residing.

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Grievance of the petitioner is that the people residing along the canal as well as business establishments on its bank, are dumping waste into the canal and apart from plastic and food waste, sewage is also directly discharged into the canal.

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According to petitioners, due to the inaction on the part of respondents, in not conducting regular cleaning process and maintaining the canal properly, pungent smell emits from the canal and now, it is a breeding ground for mosquitoes.

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It is further submitted by the petitioners that during rainy season, water overflows from the canal and enters into to all the houses and shops on the bank of the canal and poisonous snakes, insects and other creatures are entering into the houses.

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9.According to the petitioners, this is highly dangerous to the

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W.P.(C) No.21790 of 2018 5

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inhabitants of the locality especially small children. Pollution free water and air is the fundamental right of every citizen and that respondents are duty bound to provide the same to its citizens and denial of the same is violative of the constitutional guarantee of the citizens.

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Despite repeated complaints, Corporation of Cochin – respondent No.6, which is bound to take up cleaning activities and initiate action against those dumping waste, remained lethargic. Though representations have been submitted before the authorities, they were remained unattended. Hence, the writ petition is filed by the petitioners.

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We have heard learned counsel for petitioners Ms.T.B.Mini, learned Senior Government Pleader Mr.K.P.Harish and perused pleadings and materials on record.

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Secretary, Kochi Corporation – respondent No.6, has filed a counter affidavit, setting out the steps taken for cleaning Rameswaram Canal. Relevant portions of the affidavit are extracted:

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“2. The renovation, cleaning and maintenance of Rameswaram Canal is undertaken by the Corporation of Kochi including it under Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Scheme. Fifty percent of the fund is Central Government Fund, thirty percent is from the State Government and twenty percent is from the Corporation of Kochi. As per the request of the Corporation of Kochi, the above work was sanctioned under the AMRUT Scheme. Administrative sanction was granted on 23.12.2017 bearing GO(Rt) No.4165/2017/LSGD. The amount sanctioned was 2.58 Crores.

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W.P.(C) No.21790 of 2018

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Technical sanction for the above work was sanctioned on 18.06.2018 by the Chief Engineer LSGD, as per LSGD TS 2018/19/8822.

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The work was tendered on 30.06.2018 through E-Tender. The tender amount is Rs.2.45 Crores. Thereafter agreement for work was executed by the successful Contractor in favour of Corporation of Kochi on 07.11.2018.

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As per the agreement the work includes the cleaning of entire Rameswaram Canal by removing silt, floating waste etc. As part of cleaning, 15224 m silt have to be removed, for which Rs.52,44,496.227- have been allotted. 3

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Renovation and reconstruction of the retaining walls of the Canal have to be done as per the agreement for which Rs.67,79,013.66/ - have been allotted. In order to protect the Canal from throwing of waste, iron fencing on the sides of the Canal is also proposed. Rs.48,23,010.41/- have been allotted for the above purpose. Work order has been issued to the Contractor on 29.11.2018.Work has to be completed within 12 months from work order date. Levels have been already been taken. The Contractor has been directed to start the work from 16.5.2019 onwards.”

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From the above, it could be seen that steps for renovation, cleaning and maintenance of Rameswaram Canal, has been taken up in the year 2018 itself, and that work has been entrusted to a Contractor.

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As per the counter affidavit, work has been directed to be completed from 12 months from the date of the work order i.e., 16.2.2019.

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That apart Mr.K.P.Harish, learned Senior Government

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W.P.(C) No.21790 of 2018 7

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Pleader, submitted that cleaning of Rameswaram Canal has been completed.

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Submission of the learned Senior Government Pleader is placed on record.

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However, if any work in relation to cleaning and maintenance is still pending, the same has to be done within a period of two months from the date of receipt of a copy of this judgment.

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In so far as the cutting and removing of the branches of trees is concerned, District Collector, Ernakulam and Secretary, Corporation of Cochin - respondents 5 and 6 respectively, may take necessary steps.

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As regards the prayer to install CCTV, we are not inclined to issue any directions. However, it is made clear that there shall not be any dumping of waste materials into the canal and to ensure the same, regular monitoring shall be done by the Kochi Corporation – respondent No.6. Compliance report be filed, with all documents, by the 1^st week of December, 2021. Registry is directed to post the matter on 6/12/2021.

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With above directions, instant writ petition is disposed of.

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Sd/- S. MANIKUMAR, CHIEF JUSTICE.

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Sd/- SHAJI P. CHALY, JUDGE

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smv

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W.P.(C) No.21790 of 2018

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APPENDIX OF WP(C) 21790/2018

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE WASTE DUMPED IN THE RAMESWARAM CANAL EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE EXECUTIVE ENGINEER, MINOR IRRIGATION, KAKKANAD ON 12-04-2017 EXHIBIT P2(A) ENGLISH TRANSLATION OF EXT.P2 EXHIBITP3 TRUE COPY OF THE REPRESENTATION DATED 25-04-2018 SUBMITTED BY THE PETITIONERS BEFORE THE MAYOR, CORPORATION OF COCHIN EXHIBITP3(A) ENGLISH TRANSLATION OF EXT.P3 EXHIBIT P4 TRUE COPY OF THE NEWS ITEM APPEARED IN THE TIMES OF INDIA DATED 21-05-2017 EXHIBIT P5 TRUE COPY OF THE NEWS ITEMS APPEARED IN THE INDIAN EXPRESS DATED 23-04-2018

Nazeema K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nazeema K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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