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Tom Thomas v. State of Kerala

Kerala HC21 Mar 2023WP(C)/8615/2023

Case brief

AI extract

What is this about?

In this public interest writ petition, the petitioner sought directions for rejuvenating Kerala's water bodies and appointing an expert panel due to encroachment and pollution. The Court directed the Secretary, Water Resources Department, to dispose of the pending representation submitted by the petitioner within one week.

What did the court decide?

Direction to respondent No. 1 to dispose of the petitioner's representation dated 14.02.2023 within one week.

Tom Thomas Vs State of Kerala — Environment and Pollution | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944

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WP(C) NO. 8615 OF 2023

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PETITIONER:

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TOM THOMAS, S/O THOMAS,
POOCHALIL HOUSE, KODUVELY P.O,
THODUPUZHA, IDUKKI DISTRICT,, PIN - 685582
BY ADVS.
P.T.SHEEJISH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT PIN - 695001

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2 THE CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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3 MANAGING DIRECTOR JALABHAVAN, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT,, PIN - 695033 BY ADV SRI.TEK CHAND V. SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8615 OF 2023 ..2..

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JUDGMENT

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S. MANIKUMAR, C.J.

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Instant writ petition is filed for the following reliefs.

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(i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to take immediate steps to for the rejuvenation and conservation of the water bodies in the State of Kerala, and to appoint a panel of experts to look into these issues faced by our water bodies and submit a report on the same.

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(iii) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to immediately consider the Exhibit P2 to Exhibit P4 representations of the petitioner, within a timeframe fixed by this Hon'ble Court, in the interest of justice.”

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Short facts leading to the filing of this writ petition are

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as under:

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Petitioner, a public spirited person has approached this Court for the efficacious indulgence of this Court in the deteriorating condition of the water bodies through out the State and also to restrain the encroachment of the water

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bodies by miscreants leading serious water pollution. Though,

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the petitioner had submitted Exts.P2 to P4 representations

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WP(C) NO. 8615 OF 2023 ..3..

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before respondent Nos.1 to 3 respectively, they have not been

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considered by the concerned authorities yet.

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Ext.P2 representation dated 14.02.2023 filed by the

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petitioner before the 1^st respondent is reproduced hereunder:

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“From

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Tom Thomas, Advocate Poochalil House, Koduvely P.O Thodupuzha, Idukki – 685 582.

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State of Kerala, represented by its Secretary, Water Resources Department, Government Secretariat, Thiruvananthapuram District – 695 001

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Subject – Regarding the rejuvenation and conservation of the water sources throughout the state – Development of the water tourism and fisheries sector – To tackle water scarcity problems in the state.

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Sir,

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Our state is blessed with abundant water sources including lakes, rivers, streams, backwaters, ponds, reservoirs and various other water sources. But the current unfortunate situation is that most of these water sources are being polluted and are being rendered useless for water consumption or for any other useful purposes. The main cause for such a situation is that many factories are dumping their effluents into these water sources and also some social miscreants are dumping

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WP(C) NO. 8615 OF 2023 ..4..

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sewage waste into these water bodies. The water bodies in Ernakulam and Alappuzha districts are mainly effected by these acts and are prone to water pollution problems. The scarcity and non-availability of good quality drinking water for consumption is adversely effecting the health condition of the people and the severe pollution to the water bodies are seriously effecting the aquatic life throughout the State.

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That such conditions currently faced by the water sources in our state are adversely effecting the water transport and tourism sector. Even though we have launched new initiatives including the water metro, it could not be run in a full fledged manner due to the current condition of our water bodies, most of which are encroached by miscreants and are obstructing the free flow of water. The aquatic life is mainly effected by the pollution and encroachment of water bodies, which is leading to a scarcity in our fisheries wealth.

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It is pertinent to note that one of the main water bodies in our State, the Periyar river, is being highly polluted, due to the discharge of effluents by the nearby factories in Eloor area and are seriously effecting the health and safety of the residents nearby and is causing health issues, including skin diseases. The aquatic life is also seriously effected, as several cases of dead fish floating in the river is being reported multiple times. Even though the residents have approached the authorities and protested several times, the situation has not changed and is getting worse.

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WP(C) NO. 8615 OF 2023 ..5..

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It has been long overdue, that our state machineries and officials have been turning a blind eye to these issues which are of utmost importance for the development of our state and for protecting the health of our citizens. That if proper measure can be adopted by our government machineries for cleaning up and rejuvenating the water bodies in our state, it could to an extent resolve the issues of water scarcity in various parts of the state. If the current situation persists, it could lead to the total disaster of our water bodies rendering them useless and thereby leading to future consequences and severe water scarcity issues. The conservation and nurture of our natural resources are of utmost importance since the development of our future generation is dependent on the same.

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Under these circumstances I humbly request your good office to take immediate steps to resolve these issues and take measures for the rejuvenation and conservation of our water bodies and to appoint a panel of experts to look into these issues faced by the water bodies in the State of Kerala and submit a report on the same.”

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Mr.P.T.Sheejish, learned counsel for the petitioner,

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submitted that it is suffice to direct the Secretary of the Water Resources Department/respondent No.1, to dispose of the representation submitted by the petitioner dated 14.02.2023, in accordance with law. Said submission is recorded.

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WP(C) NO. 8615 OF 2023 ..6..

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Mr. Tek Chand V., learned Senior Government Pleader

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submitted that he has no objection in disposing of the said representation.

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Placing on record the submission of learned counsel

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for both parties, there will be a direction to the Secretary, Water Resources Department, Government Secretariat, Thiruvananthapuram/respondent No.1, to dispose of Ext.P2 representation dated 14.02.2023, if acknowledged and pending, within a period of one week from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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S.MANIKUMAR CHIEF JUSTICE

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 8615 OF 2023 ..7..

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APPENDIX

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`PETITION`	`ER EXHIBITS`
`Exhibit`	`P1` `THE` `PERT` `THE`	`TRUE COPY OF` `AINING TO WAT` `PETITIONER`	`THE STUDY REPORT` `ER BODIES ENDEAVORED BY`
`Exhibit`	`P2` `THE` `DATE` `PETI`	`TRUE COPY OF` `D 14.02.2023` `TIONER BEFORE`	`THE REPRESENTATION` `SUBMITTED BY THE` `THE 1ST RESPONDENT`
`Exhibit`	`P3` `THE` `DATE`	`TRUE COPY OF` `D 14.02.2023`	`THE REPRESENTATION` `SUBMITTED BY THE`
	`PETI`	`TIONER BEFORE`	`THE 2ND RESPONDENT`
`Exhibit`	`P4` `THE` `DATE` `PETI`	`TRUE COPY OF` `D 14.02.2023` `TIONER BEFORE`	`THE REPRESENTATION` `SUBMITTED BY THE` `THE 3RD RESPONDENT`

Tom Thomas v. State of Kerala

Case brief

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Tom Thomas v. State of Kerala

Case brief

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