Allowed

Sunil Kumar Karapattom v. Union of India

Kerala HC30 Oct 2023WP(C)/29380/2023

Case brief

AI extract

What is this about?

This PIL sought direction to make tourist toilets at Thumboormozhi Butterfly Garden accessible and to initiate inquiries. The court noted the 3rd respondent affirmed toilets were functioning, rejected the plea to keep the matter pending, and disposed of the petition directing officials to ensure toilet maintenance.

What did the court decide?

Petition disposed of; directed respondents to periodically visit the Garden to ensure toilets are in working condition.

Sunil Kumar Karapattom Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945
WP(C) NO. 29380 OF 2023

¶7

PETITIONER:

¶8

SUNIL KUMAR KARAPATTOM
S/O KUMARAN TK, AGED 41 YEARS, THEKKUTAN HOUSE,
KUTTICHIRA, CHALAKUDY, THRISSUR- 680 724.

¶9

BY ADVS.
GAUTHAM KRISHNA E.J.
NAVANEETH.N.NATH
MEGHA BIJU
MORELY STALIN JAMES

¶10

RESPONDENTS:

¶11

1 UNION OF INDIA MINISTRY OF TOURISM, REP. BY ITS SECRETARY, ROOM NO. 119, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI, PIN – 110 001

¶12

2 GOVERNMENT OF KERALA, DEPARTMENT OF TOURISM, REP. BY ITS DEPUTY DIRECTOR, PARK VIEW, THIRUVANANTHAPURAM- 695 033.

¶13

3 KERALA HOUSING BOARD CORPORATION REP. BY ITS CHAIRMAN, HEAD OFFICE, SHANTHI NAGAR, THIRUVANANTHAPURAM, KERALA – 695 001

¶14

4 THRISSUR DISTRICT TOURISM BOARD REP. BY ITS CHAIRMAN, DEPARTMENT OF TOURISM, RAMANILAYAM, CHEMPUKAVU, THRISSUR, PIN – 680 020

¶15

W.P.(C)No.29380 of 2023

¶16

¶17

5 THRISSUR DISTRICT TOURISM PROMOTION COUNCIL REP. BY ITS SECRETARY PALACE ROAD, THRISSUR, KERALA, PIN – 680 001

¶18

6 THE DYSP
VIGILANCE AND ANTI-CORRUPTION BUREAU, THRISSUR,
KODUNGALLUR-SHORNUR RD, NAIKKANAL, SHORANUR,
KERALA, PIN – 680 022.

¶19

BY ADVS.
SR.GP. T.K.VIPINDAS
PRADEEPKUMAR JOHN, CGC
V.HARISH
S. P. ARAVINDAKSHAN PILLAY
N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
PETER JOSE CHRISTO(K/1216/2004)
S.A.ANAND(K/1216/2006)
K.N.REMYA(K/712/2010)
L.ANNAPOORNA(K/952/2013)
VISHNU V.K.(K/001396/2018)
ABHIRAMI K. UDAY(K/001426/2018)

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶21

¶22

W.P.(C)No.29380 of 2023

¶23

JUDGMENT

¶24

Dated this the 30^th day of October 2023

¶25

A.J. Desai, C.J.

¶26

By way of the present petition filed in the nature of public interest, the following prayers have been made:

¶27

“a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, demanding the respondent nos. 2-5 to immediately make the constructed toilet block at Thumboormozhi Butterfly Garden accessible and operational for the visiting tourists.

¶28

b) Direct the Respondent No. 1 to conduct a thorough inquiry into the negligence and apathy displayed in the non-availability of essential facilities at the said tourist spot and take appropriate action against the responsible authorities.

¶29

c) Direct the Vigilance and Anti-Corruption Bureau (Respondent No.6) to conduct an exhaustive and comprehensive investigation based on the details and concerns outlined in Exhibit P5.”

¶30

In response to the notice and the direction issued by this

¶31

court, the 3^rd respondent i.e., the Kerala Housing Board

¶32

W.P.(C)No.29380 of 2023

¶33

¶34

Corporation has filed a counter affidavit dated 18.10.2023 and an additional counter affidavit dated 28.10.2023. In the additional counter affidavit, it has been specifically stated by the Assistant Secretary and Liaison Officer of the 3^rd respondent that the toilets are now functioning.

¶35

Though these affidavits are filed, the learned Advocate for the petitioner would submit that the toilets are open only for a temporary period. He, therefore, requests to keep this matter pending as he intends to join the Destination Management Committee as a party.

¶36

We heard learned Advocates appearing for the respective parties.

¶37

In the absence of any material to establish that the toilets are open only for a temporary period, we do not want to keep this matter pending. However, it is made clear that, officials of the respondents shall periodically visit the Garden and ensure that the toilets are in working condition.

¶38

W.P.(C)No.29380 of 2023

¶39

¶40

The writ petition is disposed of as above.

¶41

Pending interlocutory applications, if any, shall stand

¶42

closed.

¶43

Sd/-

¶44

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge

vpv

W.P.(C)No.29380 of 2023

¶49

¶50

APPENDIX OF WP(C) 29380/2023

¶51

PETITIONER EXHIBITS

¶52

Exhibit P1 TRUE COPY OF THE LETTER REQUEST DATED
15.05.2023 FILED BEFORE THE RTI,
(TRANSLATED AND VERNACULAR DOCUMENT)

¶53

Exhibit P1 (a) TRUE COPY OF THE RESPONSE, RECEIVED BY
THE PETITIONER ON 29.05.2023, FURNISHING
THE REQUESTED INFORMATION BY THE RTI
(TRANSLATED AND VERNACULAR DOCUMENT)

¶54

Exhibit P-2 TRUE COPY OF THE PHOTO PORTRAYING THE
TOILET BEING BARRED WITH ROPES TIED UP.

¶55

Exhibit P-3 TRUE COPY OF THE COMPLAINT DATED
12.04.2023, ADDRESSED TO THE RESPONDENT
NO. 2 AND ITS TRANSLATION (TRANSLATED
AND VERNACULAR DOCUMENT)

¶56

Exhibit P-3(a) POSTAL RECEIPT OF EXHIBIT P-3

¶57

Exhibit P3(b) TRUE COPY OF THE EXHIBIT P3 COMPLAINT TO
RESPONDENT NO. 2 THROUGH EMAIL
(TRANSLATED AND VERNACULAR DOCUMENT)

¶58

Exhibit P-4 TRUE COPY OF THE ARTICLES PUBLISHED IN
NEWSPAPERS REGARDING THE GRIEVANCE FACED
AND PROTEST CONDUCTED BY THE CIVILIANS

¶59

Exhibit P-5 TRUE COPY OF THE PETITION, BEARING NO.
3423/2023/TSR DATED, 11.08.2023 LODGED
BEFORE THE RESPONDENT NO. 6.

¶60

Exhibit P-5(a) THE ACKNOWLEDGEMENT RECEIPT OF THE
EXHIBIT P-5 PETITION.

¶61

¶62

W.P.(C)No.29380 of 2023

¶63

RESPONDENT EXHIBITS

¶64

`Exhibit R3(a)`	`A true photocopy of the agreement dated` `28.03.2017`
`Exhibit R3(b)`	`A true photocopy of the completion` `certificate`
`Exhibit R3(c)`	`A report on Deepika Malayalam daily` `dated, 07.09.2023 regarding the record` `collection of the said tourist project` `along with its English translation.`
`Exhibit R3(d)`	`A true photocopy of the letter dated` `18.08.2021 along with its English` `translation.`
`Exhibit R3(e)`	`A true photocopy of the detailed bill`
`Exhibit R3(f)`	`A true photocopy of the Letter of` `destination manager dated 09.10.2021` `along with its English translation.`
`Exhibit R3(g)`	`A true photocopy of the Government Order` `GO(Rt) No.156/2017/TSM dated 25.03.2017`

¶65

//TRUE COPY//

¶66

P.A. TO JUDGE

Sunil Kumar Karapattom v. Union of India

Case brief

What is this about?

What did the court decide?

Sunil Kumar Karapattom v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.K.Shanavaz Vs the Micro and Small Enterprises Facilitation Council

Mr. Thomas Joseph Alias Joseph Vs the Authorised Officer

M/S. Care Health Insurance Ltd. Formerly Known as Releghare Health Insurance Company Ltd. Vs Mereeta Jesudas

The State of Kerala, Vs Mathew Varghese

Brijith Krishna Vs State of Kerala

The State of Kerala Represented by Its Secretary to Government, Revenue Vs M/S. Sunshine Corporation