C.L. ANTO v. STATE OF KERALA

BY ADVS. GOVERNMENT PLEADER, SRI. B.S.SYAMANTAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, ALONG WITH WP(C).29134/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23162 OF 2013 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 23162 of 2013 -------------------------------------- Dated this the 22nd day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : i. “Issue a writ of prohibition or any other appropriate writ, order or direction restraining the respondents 1 and 2 from proceeding with the notification Ex-P4 as such, by Local Self Government Bodies regarding the guide lines of the Domestic digesters, rests inlets and out lets of the bio-gas plants meant for kitchen waste management which are against Exhibit-P3 and Ex-P5, scientific requirements needed for the digesters, and provisions of Central Rules 2000 regarding the Solid Municipal management ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 not to give stress to the pipe composting, Box composting etc. as the same are only converting solid waste into more dangerous gaseous atmospheric pollutions causing addition to global warming violating laws and scientific principles. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to cancel the part of notification in Ex-P4, which are leading to WP(C) NO. 23162 OF 2013 3 global warming, violations of waste management laws and scientific principles in ExtP3 economic principles in Ext.P5 iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to stop forthwith all sorts of waste management methods given in Ext.P4, leading to the wastage of generation of energy, in a energy starving state. v. issue such other writ, order or direction to the respondents No.1 and 2 to give strict direct directions to various Local self Governments to adhere to the clauses 1 and 6 of Ext. P7 vi. issue such other writ, order or direction to the respondents No.1 and 2 to direct various local self Governments to give correct specification regarding Biogas plants and the correct and specific Earnest money to be deposited. vii. issue such other writ, order or direction to appropriate department or appropriate agencies to probe into the circumstances under which the respondents No.l and 2 issued such faulty notification ExP-4 detrimental to the interest of the state,when both had means and opportunity under their disposal to issue proper ExP-3 in tandem with proven Scientific truths, provisions of Central Legislation 2000 and provisions of Kyoto Protocols and as per Ext.P5 etc.; viii. issue such other writ, order or direction to the respondents No. 1 and 2 to constitute an Expert Committee, expeditiously, to re-draft/modify Ex. P4 inducting persons having scientific knowledge in modern waste managements, bio- technologists, and persons having financial expertise in the energy and waste management, particularly the petitioner, proponent of Ext. P5 and PPP ( Private participation in Public WP(C) NO. 23162 OF 2013 4 infrastructure development for the first time in Asia. And ix. issue such other writ, order or direction that may deem fit in the facts and circumstances of the case, including cost and compensation to the petitioner, by this Hon. Court.” [SIC]

2. Even though this case is listed on an earlier occasion, there was no representation and hence, this writ petition listed today. Today also, there is no representation. Moreover, the prayers in this writ petition are infructuous. Therefore, this writ petition need not be retained here. Therefore, this writ petition is dismissed. SKS Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 23162 OF 2013 5 APPENDIX OF WP(C) 23162/2013 PETITIONER EXHIBITS P1 : COPY OF THE PROCEEDING DTD.2.2.2012 OF THE CHAIRMAN OF MAILHEM ENGINEERS PVT. LTD. P2 : FIRST PAGE OF KYOTO INTERNATIONAL PROTOCOL WHERE INDIA IS A SIGNATORY. P3 : COPY OF SOME RELAVANT PAGES FROM THE BOOK WRITTEN BY GERMAN AUTHOR SASSEE, WHICH IS CONSIDERED AS ON AUTHENTIC WORK IN WASTE MANAGEMENT, PARTICULARLY BIO-GAS PRODUCTION. P4 : COPY OF THE PROCEEDING GO(MS)GD DTD.1.3.2011 OF THE 1ST RESPONDENT REGARDING THE GUIDELINES FOR SOLID WASTE MANAGEMENT AT SOURCE (KITCHEN WASTES) AS WELL AS FOR LARGE SCALE SOLID WASTE MANAGEMENT (AS WELL AS THE GUIDELINES FOR THE DIGESTER MANUFACTURING (PAGE 20-37, VERMIN COPOST, WINDROW ETC, IN VIOLATION OF ESTABLISHED SCIENTIFIC TRUTHS, CENTRAL LEGISLATION RULES 2000. P5 : COPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE PSFAR ECONOMIC MODULE BY THE PETITIONER, TO THE HON'BLE CHIEF MINISTER DTD.26.6.2013. P6 : COPIES OF THE ORDER OF THE RESPONDENT NO.2 DTD.20.1.2012 REGARDING BIG WASTE MANAGEMENT PLANTS SHOWING PETITIONER IS INCLUDED. P7 : COPIES OF THE ORDER OF RESPONDENT NO.1 AND 2 SHOWING PETITIONER IS INCLUDED IN IT. REGARDING SMALL DIGESTERS FOR WASTE MANAGEMENT. P8 : COPIES OF THE TENDER BY NELLIKUZHY WP(C) NO. 23162 OF 2013 6 PANCHAYATH SHOWING FAULTY GUIDELINE IN CASE OF BIO-GAS PANTS AND ABOUT THE PIPE COMPOSTING(RELEVANT PAGE). P9 : COPY OF THE TENDER NOTIFICATION OF N.PARAVOOR MUNICIPALITY, SHOWING TENDERS FOR PIPE COMPOSTS ETC. P10: COPY OF THE DOWN LOADED PORTION OF THE WEB NOTIFICATION OF RESPONDENT NO.1 AND 2 SHOWING THEIR CALLOUS ATTITUDE IN WASTE MANAGEMENT. P11: COPY OF THE ORDER OF DIVISION BENCH OF THIS HON'BLE COURT DTD.27.9.2012, DIRECTION TO RESPONDENTS IN FAVOR OF THE PETITIONER AFTER VIEWING VIDEO PRESENTATION I THE OPEN COURT. TRUE COPY OF THE LETTER FROM LOCAL SELF GOVERNMENT DATED 20.03.2004 REGARDING PURCHASE OF WATER PUMPS ETC. FROM RAIDCO A REGIONAL CO-OPERATIVE SOCIETY TRUE COPY OF THE LETTER WRITTEN BY THE PETITIONER TO THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT DATED 10TH SEPT 2013 REQUESTING TO MAINTAIN PARITY IN LAW REGARDING PURCHASES OF WASTE MANAGEMENT AND SOLAR RELEATED PRODUCTS AND SERVICES TRUE COPY OF THE LETTER WRITTEN TO THE SECRETARY LOCAL SELF GOVERNMENT DAED 14.6.2013 HIGH LIGHTING THE ADVANTAGES OF OUR SPECIAL MODULE BY WHICH THE GOVERNMENT CAN SAVE HUNDREDS OF CRORES OF RUPEES WHICH THEY ARE WASTING NOW AND URGING THE RESPONDENT NO.2 TO CALL THE PETITIONER FOR A DISCUSSION ABOUT THIS. EXT.P12 EXT.P13 EXT.P14 EXT.P15 TRUE COP OF THE LETTER WRITTEN TO THE HON'CHIEF MINISTER DATED 14.06.2013, BEING THE CHIEF EXECUTIVE OF THE STATE URGING HIS WP(C) NO. 23162 OF 2013 7 EXT.P16 EXT.P17 EXT.P18 EXT.P19 EXT.P19A EXT.P20 EXT.P21 EXT.P21A EXT.P22 IMMEDIATE INTERVENTION. TRUE COPY OF THE APPRECIATION LETTER FROM THE MINUTES OF THE SOCIETY AFTER THE VISIT AND INSPECTION OF THE THEN DISTRICT COLLECTOR OF THRISSUR ON 5TH MAY 2012 PRAISING THIS TO BE THE BEST MODEL FOR WASTE MANAGEMENT. THE EFFECT OF ULTRAVIOLET RADIATION ON PVC, HDPE ETC, AND VARIOUS SCIENTIFIC STUDIES CONDUCTED ABOUT THE UV DEGRADATION OF PLASTICS THE PAPER REPORT DATED 29TH MARCH, 213 ABOUT THE FAILURE OF SUCHITWA MISSION AND RESPONDENT NO.1 IN BRAHMAPURAM WASTE MANAGEMENT DUE TO WRONG SELECTION OF AGENCIES. TABLE SHOWING THE POSSIBLE GENERATION OF NATURAL GAS AND ELECTRICITY FROM BI- DEGRADABLE PORTION OF WASTE PAPER REPORT IN MATRU BHOOMI DATED 8TH OCTOBER SHOWING HUGE AMOUNT SPENT BY ELECTRICITY BOARD WHEN THE ALTERNATIVE POSSIBILITIES, ARE BEING WASTED. AIR POLLUTION CAUSING CANCER -.STUDY BY UN AGENCY. STUDY REPORT OF WHO REGARDING AIR POLLUTION. PAPER REPORT IN MATHRU BHOOMI DTD. 15TH OCOTBER, 2013-ABOUT INCREASING AIR POLLUTION IN KERALA. METHANE LEAK AS HAZARDS, VARIOUS STUDIES. VARIOUS HEALTH EXT.P23 VARIOUS STUDY ON CARBON TETRACHLORIDE WP(C) NO. 23162 OF 2013 8 FORMED OUT OF METHANE, AS MAJOR CARCINOGEN EXT.P24 STUDIES SHOWING THE CLOSE LINK WITH CANCER AND ABORTION AND CANCER DUE TO AIR POLLUTION RESPONDENTS EXHIBITS EXT.R1(A) EXT.R1(B) A TRUE COPY OF GO (MS) NO. 239/2012/LSGD DATED 20.09.2012 A TRUE COP OF THE REPORT OF THE EXPERT COMMITTEE WP(C) NO. 23162 OF 2013 9