AROOR GRAMA PANCHAYAT v. STATION HOUSE OFFICER

SRI. A S DHEERAJ, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) 41553 of 2023 4 JUDGMENT The Aroor Gram Panchayat, through its Secretary, has approached this Court seeking the following relief. (i) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing lst and 2nd respondents to provide adequate and effective police protection for the property of the petitioner panchayat and to the life of its labourers and officers, so as to discharge its duties and to enable the smooth functioning of Plastic Waste Disposal work by constructing a building in the property owned by the Panchayat for using it as MCF centre, which is intended for the public good.

2. The petitioner states that as part of Clean Kerala Mission, the Government of Kerala has directed all Panchayats to set up the infrastructure to collect plastic waste material from each ward. It has been specifically ordered that the Panchayat shall construct a permanent facility, nomenclatured as Material Collection Facilitating Center, (‘MCF’ for the sake of brevity) for the purpose. About 44 Haritha Karma Sena workers are deputed for collecting plastic waste materials, two for each ward are brought to the MCF for sorting it out. After sorting, it will be handed over to the Clean Kerala Company as ordered by the Government. It is stated that in the MCF, only sorting of plastic W.P(C) 41553 of 2023 5 waste is done, and no other process such as burning, grinding etc. is to be carried out. In tune with directions issued by the Government, the Panchayat took a decision to construct MCF in an item of property having 35 cents owned by the Panchayat as situated in Ward No.20.

3. It is stated that when the construction of the compound wall was in progress, the party respondents who were nearby residents raised objections. The workers as well as the Assistant Engineer, who was supervising the work were abused. In the said circumstances, Ext P1 complaint was lodged before the 1st respondent seeking immediate assistance. When no action was taken, the petitioner approached the superior officers by submitting Ext.P2. The petitioner contends for reasons unknown, the official respondents have turned a deaf ear to their request for assistance. It is in the above backdrop that the petitioner has approached this Court seeking directions.

4. A counter affidavit has been filed by respondents 3 to 21. It is contended that the party respondent has approached the Additional Munsiff, Cherthala, and has instituted O.S No.652/2023 seeking injunction, and by Ext.R3(a) order, the Panchayat has been interdicted from collecting plastic waste in the plaint schedule property and for disposing of the same. It is stated that the site where the building is proposed to put up forms part of a W.P(C) 41553 of 2023 6 larger extent of paddy field/wetland and no construction has been effected therein. It is also stated therein that the property is situated near to the Aroor-Kumbalangi Kayal and in view of the Coastal Regulation Zone Regulations, no construction is permitted. It is further stated that if the processing of plastic is carried out it would result in the emission of noxious air pollutants and may lead to health hazards. It is further stated that the proposal to construct the building on the property is violative of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act,1981.

5. I have considered the submissions advanced and have gone through the entire records. I find that as part of Clean Kerala Mission, the Panchayat is required to set up a facilitating center for collecting plastic waste and for sorting it out prior to handing it over to the company constituted for processing the same. The petitioner has asserted in no unmistakable terms that only sorting plastic waste will take place in the MCF and there will be no burning and grinding of plastic materials. At any rate, the Civil Court is already in seisin of the issue and the Panchayat has been interdicted even from collecting plastic waste on the property. However, I find that the learned Munsiff has ordered that the panchayat cannot be prevented from constructing W.P(C) 41553 of 2023 7 the compound wall as there is no dispute with regard to the boundary. The next contention raised by the party respondent is with regard to the commencement and carrying out the construction in violation of the building Rules and the Air and Water pollution enactments. If the construction is in violation of any of the enactments governing the subjects, it is for every person to raise its grievance before the appropriate forum and get relief. No interdictory order has been passed by any of the authorities concerned. In that view of the matter, there is no justification on the part of the respondents in obstructing the construction of the compound wall. Resultantly, this writ petition is disposed of, and the following directions are issued: a) There will be a direction to the 1st respondent to afford necessary assistance and protection to the petitioner, their workers, and officers to carry out the construction of the boundary wall and the material collection facilitating center in the property owned by the panchayat. It is made clear that the construction has been carried out only after securing all permits/licenses, if any, from the statutory authorities. W.P(C) 41553 of 2023 8 b) In view of the interim order passed by the learned Munsiff, the plastic waste shall be collected only after securing appropriate orders from the Civil Court. c) I record the undertaking of the petitioner that they shall not grind or burn plastic waste in the MCF. IAP Sd/- RAJA VIJAYARAGHAVAN V, JUDGE W.P(C) 41553 of 2023 9 APPENDIX OF WP(C) 41553/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 01.12.2023 LODGED BEFORE THE SHO OF AROOR POLICE STATION THE TRUE COPY OF THE LETTER BEARING NO. S2-10396 23, ISSUED TO THE DISTRICT COLLECTOR, ALAPPUZHA DATED 01.12.2023 THE TRUE COPY OF THE O.S.NO.652/2023 IN IA 01/202 OF MUNSIFF COURT, CHERTHALA DATED 06.12.2023 FILED BY THE RESPONDENTS 3 TO 21 RESPONDENT EXHIBITS Exhibit R3(a) True copy of the order dated 18.12.2023 in I.A.No.1/2023 in O.S.No.652/2023 of the Munsiff's Court, Cherthala Exhibit R3(b) True copy of the plaint in O.S. No.652/2023 pendin before the Additional Munsiff's Court, Cherthala Exhibit R3(c) True copy of the Commission Report dated 5.12.202 in O.S. No. 652/2023 pending before the Additional Munsiff's Court, Cherthala