(THC) (WP No. 27528 of 2012, High C

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 308 of 2013 (SZ) (THC) (W.P. No. 27528 of 2012, High Court of Kerala) Applicant(s) Respondents(s) Alavikutty , S/o. Yahutty, 1) The State Of Kerala rep. by the Erinjikattu House, Secretary to Government, Alinchuvady Street Post, Department of Environment, Thiryr, Malappuram District – 676 101 Thiruvananthapuram 695 001 2) The District Collector, Malappuram District – 676 505 3) The Secretary, Kerala Pollution Control Board, Thiruvananthapuram 695 001 4) The Agricultural Officer, Agricultural Department Malappuram – 676 101 5) The Revenue Divisional Officer, Thirur, Malappuram District– 676 101 6) The Secretary, Tirur Municipality, Malappuram District– 676 101 7) The Secretary, Vettam Grama Panchayath, Malappuram District– 676 102 8) The Secretary, Thalakkad Grama Panchayath Malappuram District– 676 103 9) The Secretary, Cheriyamunda Grama Panchayath Malappuram District– 676 106 10) The Secretary, Niramaruthor Gramma Panchayath Malappuram District– 676 109 11) The secretary, Mangalam Gramma Panchayath Malappuram District– 676 561. Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. A.X. Varghese, Jojo A.V. Smt. Suvitha, A.S for R-1, R-2, Shamlath P.I., Vivek C.M., R-4 and R-5 Vijay Babu & Niyamavedi. Smt. Vidyalakshmi Vipin for R-6 M/s. Rema Smirithi and M. Ajay for R-3 Mrs. Vidyalakshmi Vipin for R-6 M/s. C.M. Mohammed Iquabal & Ambili Menon for R-7 to R-11 Note of the Registry Orders of the Tribunal Order No.10 Date: 18th October, 2016 Respondents 7 to 11, who were directed to appear are not present. Instead, learned counsel appearing on their behalf submitted that they are under the impression that they need to appear only if the reports are not filed as directed by the Tribunal earlier. Learned counsel filed additional counter affidavits of each of the respondents. On going through the affidavits, it is not clear what steps are actually taken as directed by the previous order. Learned counsel submitted that a proper affidavit would be filed. The status report filed by the Environmental Engineer, Kerala State Pollution Control Board, dated 16.12.2015 shows that the Effluent Treatment Plant in Tirur Municipality, though constructed is not functioning continuously and properly. The waste water from the market was found to be flowing into the river. The two drains coming from the town area is joining the river near Thazhepalam. The Environmental Engineer, as an immediate remedy suggests that all the outlets of establishments into the drains have to be identified and sealed. So also, Tirur Municipality has not applied for Consent to Operate the Sewage Treatment Plant (STP) at the market. Learned counsel appearing for the Municipality submitted that an application has already been made and the rectification of the Effluent Treatment Plant (ETP) has also been made and the matter has been reported to the Kerala State Pollution Control Board (Board). In view of the submission, the Board is directed to file a status report after inspecting the site. The report also shows that a canal is joining the river at Vallikanjeeram. In that area, plastic waste and dead plants are dumped, which disrupted the normal flow of the river water. It is suggested that action should be taken to have a continuous flow of water in that area and discharge of waste into the canal is to be stopped. The Secretary of the 10th respondent, Niramaruthoor Grama Panchayath is directed to file a report on what action is taken to remove the disruption caused to the normal flow of river water at this point. The report also shows that Ettirikadavur bridge connects Pariyapuram of Vettom Grama Panchayath and Thunjan Paramb of Tirur Municipality and the river is dumped with solid waste tied in plastic bags below the bridge. It is submitted that though the said wastes have already been removed, the Board is directed to inspect the same and file a status report. The report also shows that in Mangalam Panchayath, on the banks of Mangalam – Tiruthummal, coconut husk is being soaked for making coir, and this is an unauthorised activity, directed to be stopped. The Secretary of the 11th respondent, Mangalam Grama Panchayath is directed to file a status report as the applicant has the case that the process is, even now, being continued. Respondents 2 and 4 are directed to take action to open the Mangalam shutter to allow flushing periodically as far as possible. List the matter on 16.11.2016. ...........................................J.M. (Justice M.S. Nambiar) ...........................................E.M. (Shri P.S.Rao) .

Load more