National Green Tribunal Southern Zone v. the Principal Secretary to Government of Kerala Environment Department

NGT2 Jul 2025Original Application No. 184/2024

Case brief

AI extract

What is this about?

The NGT Southern Zone clubbed four Sua Sponte applications regarding mass fish kills in the Periyar River. Finding the Kerala High Court already seized with identical writ petitions, the Tribunal directed the State Pollution Control Board to submit reports to the High Court and closed the matters.

What did the court decide?

The Tribunal closed the Original Applications and the interlocutory application, directing the Kerala State Pollution Control Board to place committee reports before the Kerala High Court.

National Green Tribunal Southern Zone vs the Principal… — Environment and Pollution | NGT (2025)

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Item Nos.1 to 4:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Wednesday, the 02^nd day of July 2025.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No. 184 of 2024 (SZ) &

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I.A. No.84 of 2024 (SZ)

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WITH

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Original Application No. 233 of 2024 (SZ)

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[Earlier O.A. No.732/2024 (PB)]

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WITH Original Application No. 234 of 2024 (SZ)

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[Earlier O.A. No.776/2024 (PB)]

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WITH Original Application No. 287 of 2024 (SZ)

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IN THE MATTER OF:

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O.A. No.184 of 2024 (SZ):

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Tribunal on its own motion SUO MOTU based on the News item published in ‘The Hindu’, Kochi Edition dt. 21.05.2024 titled, “Another mass fish kill in Periyar River in Kerala after suspected effluent release”.

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And

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1) The Principal Secretary to Govt. of Kerala

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Environment Department, Room No.406, 4^th Floor, Annex II, Secretariat,

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Thiruvananthapuram – 695 001.

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2) The Principal Secretary to Govt. of Kerala Health and Family Welfare Department, Room No.603, 6^th Floor, Annex II, Secretariat,

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Thiruvananthapuram – 695 001.

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3) Directorate of Environment & Climate Change

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Rep. by its Director,

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4^th Floor, KSRTC Bus Terminal,

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Thampanoor, Thiruvananthapuram – 695 001.

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4) Central Pollution Control Board

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Through its Chairman, Parivesh Bhawan, East Arjun Nagar, Shahdara, Delhi – 110 032.

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5) Kerala State Pollution Control Board

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Through its Member Secretary Head Office, Pattom PO, Thiruvananthapuram, Kerala – 695 004.

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6) The District Collector

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Ernakulam District, Collectorate, Civil Station Kakkanad, Ernakulam, Kerala – 682 030.

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7) Kerala Water Resources Department

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Rep. by its Principal Secretary, Jalabhavan, Vellayambalam, Thiruvananthapuram, Kerala – 695 033.

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8) Kochi Municipal Corporation

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Rep. by its Corporation Secretary, PB No-1016, Cochin, Ernakulam District, Kerala – 682 011.

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9) Kerala University of Fisheries and Ocean Studies (KUFOS) Rep. through its Director, Madavana, Panangad, Kochi, Kerala – 682 506.

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10) Central Marine Fisheries Research Institute Rep. by its Director, Post Box No.1603, Ernakulam North PO., Kochi, Kerala – 682 108.

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...Respondent(s) WITH

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O.A. No. 233 of 2024 (SZ):

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Tribunal on its own motion SUO MOTU based on the news item appearing in Mathrubumi.com dt. 25.05.2024 titled, “KUFOS disputes PCB report

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on Periyar Fish Kill, identifies ammonia, sulphur presence” and news item appearing in The New Indian Express dt. 26.05.2024 titled, “KUFOS analysis finds high toxin level in Periyar river”.

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And

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1) Kerala State Pollution Control Board

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Through its Member Secretary Head Office, Pattom PO, Thiruvananthapuram, Kerala – 695 004.

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2) Central Pollution Control Board Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar,

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Delhi – 110 032.

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3) Ministry of Environment and Forest

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Regional Office, Integrated Regional Office, Kendriya Sadan, 4^th Floor, E&F Wings, 17^th Main Road, Koramangala, II Block, Bangalore – 560 034.

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4) Kerala University of Fisheries and Ocean Studies (KUFOS) Rep. through its Director, Madavana, Panangad, Kochi, Kerala – 682 506.

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5) Central Marine Fisheries Research Institute Rep. by its Director, Post Box No.1603, Ernakulam North PO., Kochi, Kerala – 682 108.

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...Respondent(s)

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WITH

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O.A. No. 234 of 2024 (SZ):

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Tribunal on its own motion SUO MOTU based on the news item published in ‘The Hindu’, dt. 07.06.2024 titled, “Fish Kill spotlights pangs of Periyar”.

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And

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1) Ministry of Environment, Forest and Climate Change Through Regional Office, Integrated Regional Office, Kendriya Sadan, 4^th Floor, E&F Wings, 17^th Main Road, Koramangala, II Block, Bangalore – 560 034.

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2) Kerala State Pollution Control Board Through its Member Secretary Head Office, Pattom PO, Thiruvananthapuram, Kerala – 695 004.

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3) Central Pollution Control Board Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi – 110 032.

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4) Kerala University of Fisheries and Ocean Studies Through its Director, Panangad Road, Madavana, Kochi, Kerala – 682 506.

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5) District Collector, Ernakulam District Collectorate, First Floor, Civil Station, Kakkanad, Ernakulam – 682 030.

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6) Central Marine Fisheries Research Institute

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Rep. by its Director, Post Box No.1603, Ernakulam North PO., Kochi, Kerala – 682 108.

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...Respondent(s)

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WITH

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O.A. No. 287 of 2024 (SZ):

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1) T V Rajan

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S/o (Late) T.V. Apputty, Samskrithi, Kuthiravattam PO, Kozhikode, Kerala – 673 016.

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2) Prof. T.S. Gopi

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Aged 69 yrs., S/o Sivaraman, Principal (Retd.), Govt. Law College, Kozhikode. Residing at Putheth House, Kadamakuddy, Pizhala P.O., Cochin – 682 027.

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3) Mani. A.P.

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Aged 52 years, S/o Purushan, Fish Farmer, Residing at Ambalathinkal House, Kadamakuddy, Pizhala P.O., Cochin – 682 027.

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4) Dr. C Thilakanandan

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Aged 61 yrs., S/o Late C Krishnan, Former Principal, Government Law College, Kozhikode, Residing at Nandanam, Vellittupurayil, May Day Road, Chevayoor P.O., Kozhikode, Kerala – 673 017.

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…Applicant(s)

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Versus

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1) Ministry of Environment and Forests and Climate Change

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Represented by the Secretary, Indira Paryavaran Bhawan, CGO Complex, Jor Bagh, New Delhi – 110 003.

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2) Ministry of Jal Sakthi

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Represented by the Secretary, Department of Water Resources,

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River Development and Ganga Rejuvenation (DoWR, RD & GR) Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.

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3) Central Pollution Control Board

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Represented by its Chairman Parivesh Bhawan, CBD-Cum Office Complex, East Arjun Nagar, New Delhi - 110 032.

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4) Director General of Health Services

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Government of India, Department of Health & Family Welfare Room No. 444A, Nirman Shawan, Maulana Azad Road, New Delhi – 110 011.

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5) The Government of Kerala

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Represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram – 695 001.

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6) The Kerala State Pollution Control Board Represented by the Member Secretary Kerala State Pollution Control Board, Pattom P.O., Thiruvananthapuram - 695 004.

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...Respondent(s)

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O.A. No.184/2024 (SZ) & I.A. No.84/2024 (SZ): For Applicant(s): Suo Motu. For Respondent(s): Mr. G. Vignes represented Mr. E.K. Kumaresan for R1 to R3, R6 & R7. M/s. N. Nathami for R4. Mrs. V.K. Rema Smrithi for R5. Mr. K.K. Ashkar – I.A. O.A. No.233/2024 (SZ): For Applicant(s): Suo Motu. For Respondent(s): Mrs. V.K. Rema Smrithi for R1. M/s. N. Nathami for R2. Mr. R. Thirunavukarasu for R3. O.A. No.234/2024 (SZ): For Applicant(s): Suo Motu. For Respondent(s): Mr. R. Thirunavukarasu for R1. Mrs. V.K. Rema Smrithi for R2. M/s. N. Nathami for R3. Mr. G. Vignesh represented Mr. E.K. Kumaresan for R5. O.A. No.287/2024 (SZ): For Applicant(s): Dr. K.M. George, Chithra. P. George, Mathews P. George & Shreehari K.K. For Respondent(s): Mr. R. Thirunavukarasu for R1. Mrs. P.J. Anitha for R2 & R4. M/s. N. Nathami for R3. Mr. G. Vignesh represented Mr. E.K. Kumaresan for R5. Mrs. V.K. Rema Smrithi for R6.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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COMMON JUDGEMENT

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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O.A. No.184 of 2024 (SZ):

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1. This application is Suo Motu taken up by this Tribunal based on the news item published in The Hindu dated 21.05.2024 under the caption “Another mass fish kill in Periyar River in Kerala after suspected effluent release” .

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2. The said news report alleges that a mass fish kill was reported following the suspected release of effluents into the Periyar River from industries in the Eloor– Edayar Industrial Area in Ernakulam District of State of Kerala and the dead fish were found floating in large-scale near Pathalam Bund and the downstream.

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3. Considering the gravity of the issue, the Suo Motu cognizance was taken by this Tribunal and the above Original Application was registered.

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O.A. No.233 of 2024 (SZ):

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4. While so, based on the news item titled “KUFOS disputes PCB report on Periyar Fish kill; identifies Ammonia, Sulphur presence” , appearing in Mathrubumi.com dated 25.05.2024, the Principal Bench of this Tribunal had taken Suo Motu cognizance, expressing concern over the mass fish death, and registered the case as O.A. No.732 of 2024 (PB) . Thereafter, it was transferred to this Bench having jurisdiction and renumbered as O.A. No.233 of 2024 (SZ) .

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O.A. No.234 of 2024 (SZ):

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5. Similarly, this is yet another Suo Motu case registered by the Principal Bench of this Tribunal, based on the news item titled “Fish kill spotlights pangs of Periyar” appearing in The Hindu dated 07.06.2024.

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6. Here also, taking Suo Motu cognizance of the uncontrolled pollution of the river and the misery it heaps on the fish farmers who depend on this lifeline for their sustenance, the case was registered as O.A. No.776 of 2024 (PB) . Subsequently, it was transferred to this Bench and renumbered as O.A. No.234 of 2024 (SZ) .

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O.A. No.287 of 2024 (SZ):

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7. This application is filed by the applicants claiming healthy environment being a fundamental right and that the frequent floating of dead fish on massive scales in the river due to

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hazardous pollutants mostly emanating from the Eloor– Edayar Industrial Area of the Periyar Basin causes pollution in the public health, deprivation of healthy air to breath and potable drinking water to the applicants and the general public.

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8. Since the issues raised in all these applications are similar in nature, they have been clubbed together for joint consideration. Furthermore, in all these matters, notices were issued to the respondents through the Tribunal.

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9. These matters pertain to the mass fish kill in the Periyar River due to suspected effluent release into the river since there is a tidal effect up to the Pathalam Bund, fluctuation in the water quality and the presence of certain metals like Zinc, Magnesium, Sulphur, etc. The Periyar River has experienced fish kill primarily due to a combination of factors, including sudden water flow changes and industrial pollution. It is generally alleged that opening of the Pathalam Regulator Shutters results in low oxygen levels and accumulated organic matter.

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10. The Kerala State Pollution Control Board's surveillance team observed fish, including common carp, floating and struggling to breathe in the Periyar River and ultimately, died. In the samples of water and the dead fish collected from the area, it was found that the Dissolved Oxygen (DO) level of the water samples was found to be lower than that required for survival of the fish. Besides, the tidal effect up to the Pathalam Bund, fluctuation in the river water quality is common in the parameters like TDS, Electric Conductivity, Hardness, Chloride, etc. Therefore, preventing future fish kill requires better management of river flow, strict industrial waste regulation and any kind of pollution from the industrial source.

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11. The primary allegation is that the sudden opening of the Pathalam Regulator shutters causes a rapid increase in the water flow when already the river is carrying a heavy load of organic matter and pollutants. The Eloor–Edayar industrial belt also discharges waste into the Periyar River, contributing significantly to the overall pollution load, including elevated levels

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of ammonia, hydrogen sulphide, and other chemicals to which fish are highly intolerant.

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12. It appears that in the year 2024, there were recurring incidents of mass fish kill in the Periyar River, which is often linked to the opening of the regulator shutters, resulting in changes in the water quality.

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13. The applicants in O.A. No. 287 of 2024 (SZ) have also sought the immediate relocation of Red category industries located in the Eloor–Edayar Industrial Belt, cessation of sewage discharge into the Periyar River, and the conduct of a scientific study to assess the extent of damage caused to the river, air, soil, sub-soil, and groundwater due to pollution from factories and hospitals operating in the Eloor–Edayar Industrial Belt.

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14. While so, the Hon’ble High Court of Kerala, in Writ Petition Nos.996 of 2012, 9534 of 2020 and 31236 of 2023 , had directed the authorities to take immediate steps to prevent incidents of massive fish kill in the near future in the Periyar River along the Eloor– Edayar Industrial stretch. The Hon’ble High Court of Kerala also directed the Kerala State Pollution Control Board to file a counter affidavit with respect to the mass fish kill in the river Periyar.

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15. The Kerala State Pollution Control Board, in its report dated 24.03.2025, filed through its Chief Environmental Engineer, Regional Office at Ernakulam, has stated that the Hon’ble High Court of Kerala passed an order on 10.06.2024, directing constitution of the committee comprising of (i) the Secretary, Directorate of Environment and Climate Change, Government of Kerala, (ii) the Regional Director, Central Pollution Control Board, Bangalore and (iii) the Chairman, Kerala State Pollution Control Board to visit all the places and ensure that representatives of the writ petitioners as well as the Amicus Curiae accompany them during such visits. The Hon’ble High Court of Kerala had directed the Committee to file a report containing suggestions and action to be taken to curb the pollution in the Periyar River. Accordingly, the Committee submitted a report dated 28.10.2024 to the

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Hon’ble High Court of Kerala and the writ petitions (supra) are still pending.

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16. The Committee’s report has given the current status of the Periyar River pollution and also about the fish kill incident that happened on 20^th & 21^st May 2024, including the water quality status of the river Periyar after the fish kill incident, initiatives of the committee in compliance with the order of the Hon’ble High Court of Kerala. Finally, the Committee has given its recommendations to curb the pollution of the river Periyar in two folds. One set of recommendations to the departments concerned, namely the Industries Department, Irrigation Department, Kerala State Pollution Control Board, etc. Remediation of Kuzhikandam Thodu has to be initiated as per the Detailed Project Report (DPR) prepared and recommended for the administrative sanction for the same.

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17. The foregoing facts indicate that the Hon’ble High Court of Kerala is already seized of the matter concerning the very same fish kill incident and has constituted a committee, which has also given its report. Only further orders of the Hon’ble High Court of Kerala are awaited, based on the recommendations given by the committee to the industries situated in the Eloor– Edayar Industrial area and the various departments.

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18. To be noted is that the Kerala University of Fisheries and Ocean Studies ( KUFOS ), which is a party respondent in all the above Original Applications, has constituted an Expert Committee to prepare a report on the fish kill incident in the Periyar River and downstream of Pathalam Regulator Bridge. The said Expert Committee, constituted by the KUFOS, has given a report along with the recommendations, which includes the AIassisted system for displaying and alerting the stakeholders in the downstream before opening the shutters.

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19. Further, Mr. Justice A.V. Ramakrishna Pillai, Former Judge of the Hon’ble High Court of Kerala, who is the Chairman of the Kerala State Level Monitoring Committee, has given a report dated 27.05.2025, relating to the mass fish kill in Periyar River in Kerala on the relevant dates, namely 20^th & 21^st May of 2024.

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20. The Kerala State Pollution Control Board is directed to place the aforementioned reports before the Hon’ble High Court of Kerala for its kind consideration in the pending writ petitions.

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21. Since the Hon’ble High Court of Kerala is already seized of the matter in Writ Petition Nos. 996 of 2012, 9534 of 2020, and 31236 of 2023 , which address the same issues involved in the Original Applications pending before us, it would be appropriate to leave it to the decision of the Hon’ble High Court of Kerala to pass appropriate orders.

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22. In light of the above, all the aforementioned Original Applications [O.A. Nos. 184, 233, 234, and 287 of 2024 (SZ)] are closed.

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23. The pending interlocutory application [I.A. No. 84 of 2024 (SZ) in O.A. No. 184 of 2024 (SZ)] shall stand closed.

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Sd/Smt. Justice Pushpa Sathyanarayana, JM Sd/Dr. Satyagopal Korlapati, EM

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Smt. Justice Pushpa Sathyanarayana, JM

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O.A. No.184/2024 (SZ) & Connected Cases 02^nd July, 2025. Mn.

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National Green Tribunal Southern Zone v. the Principal Secretary to Government of Kerala Environment Department

Case brief

What is this about?

What did the court decide?

National Green Tribunal Southern Zone v. the Principal Secretary to Government of Kerala Environment Department

Case brief

What is this about?

What did the court decide?

What the court decided

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