Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE G. GIRISH TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 DBP NO.59 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO. 17 OF 2023 IN COMPLAINT NO.36 OF 2022 - SREE MAHAGANAPATHY TEMPLE, KOTTARAKKARA - CONSTRUCTION OF THE EFFLUENT TREATMENT PLANT – SUO MOTU PROCEEDINGS INITIATED – REG.
COMPLAINANT:
BINDU V.S., W/O.GOPALAKRISHNAN NAIR, 'KRISHNENDU', TEMPLE NAGAR(NEAR GANAPATHY TEMPLE), PADINJATTINKARA, KOTTARAKKARA, KOLLAM DISTRICT.
RESPONDENTS:
1 *TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.
*[THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA-695 003 – SUO MOTU CORRECTED AS PER ORDER DATED 11/07/2023 IN DBP NO.59 OF 2023] 2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, -695 003.
3 THE ASSISTANT DEVASWOM COMMISSIONER, KOTTARAKKARA.
4 THE ADMINISTRATIVE OFFICER, SREE MAHAGANAPATHI TEMPLE, KOTTARAKKARA, KOLLAM -691 506
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*ADDL.R5 THE KERALA STATE POLLUTION CONTROL BOARD, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004, REPRESENTED BY ITS SECRETARY *ADDL.R6 #THE ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING, BIG BAZAR, KOLLAM, PIN -691 001 *[SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 5 AND 6, VIDE ORDER DATED 11/07/2023 IN DBP NO.59/2023] #[THE DESCRIPTION OF THE ADDITIONAL 6TH RESPONDENT IS SUO MOTU CORRECTED AS "ENVIRONMENTAL ENGINEER", INSTEAD OF "ENVIRONMENT ENGINEER" AS PER THE ORDER DATED 20.07.2023 IN DBP NO.59/2023]
R BY SRI G.BIJU – SC- TDB SRI P.RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN SRI T.NAVEEN – SC - PCB
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Anil K. Narendran, J.
This DBP is registered based on Report No.17 of 2023 of the learned Ombudsman in Complaint No.36 of 2022 made by the complainant, who is residing in a property adjoining the temple tank of Sree Mahaganapathi Temple, Kottarakkara. In the complaint, it is alleged that there is no proper drainage system in the temple. Report No.17 of 2023 of the learned Ombudsman reads thus;
“A complaint was received from Smt. Bindu, who is stated to be a resident of Kottarakkara and residing in the property adjoining the temple tank of Sree Mahaganapathi Temple. It is alleged that there is a public road between the Temple tank and her residential property and there is a viaduct under the said public pathway to ooze out the excess water in the temple tank. According to her, the said viaduct works as a method for the water percolation. The authorities of the temple administration, in the year 2000, joined the water line of the temple, wherefrom the water used for cleaning rice etc. and so also the waste water and the garbage started to flow through the aforesaid viaduct and it lies on the immediate eastern side of her residential house causing water pollution. It is stated that her husband had raised a complaint before the Legal Services Authority and the Assistant Commissioner, Kottarakkara Group appeared before the Adalath and agreed to construct proper drainage, based on which an award was
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also passed by the Authority. Though the said work was done in the year 2000 and due to lack of proper maintenance, the sludge from temple premises accumulated in the drainage line and raised bad smell hereby causing environmental pollution as also several diseases to herself and people nearby. She issued a legal notice to the Devaswom authorities and they replied that they will construct the sewage treatment plant after the Mandalam-Makaravilakku season is completed. But till date nothing is done by them. Seeking necessary direction for redressal of her grievance, this complaint is filed. The complaint is marked as Annexure O1.
2. The Executive Engineer, in his letter dated 18.05.2022, informed that there is a drainage channel flowing adjacent to the PD Manikanteswaram Devaswom, that the excess water from the temple tank, during rainy season, overflows through this channel, that the said channel is not in the land belonging to the Devaswom Board and so its maintenance can only be done through the Local Self Government Department. It is further submitted that the waste water generated from the temple especially from coconut breaking area and rice washing area flows through the natural open drainage channel which causes pungent smell when there is no natural flow. In order to treat the waste water generated from the Temple, an effluent Treatment Plant having capacity of 35KLD is proposed by National Institute for Interdisciplinary Science and Technology, Thiruvananthapuram. The Board has accorded sanction for the construction of the Effluent Treatment Plant for Rs.95,00,000/- + 18% GST and contract sanction in favour of M/s.Surya Enterprises and the same was
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approved by the Honourable High Court. Since there is some conflict between the public regarding the location of the proposed Effluent Treatment Plant, the commencement of the construction is still pending. After fixing the location and getting approval from the Pollution Control Board, the Effluent Treatment Plant will be commissioned and the above problem can be solved forever. This letter of the Executive Engineer is marked as Annexure O2.
3. The Assistant Devaswom Commissioner has also filed a reply in similar lines dated 17.05.2022 which is marked as Annexure O3.
4. The Executive Engineer, in his letter dated 26.09.2022 has informed that as per the layout plan submitted by the firm for the construction of Effluent Treatment Plant, M/s.Surya Enterprises, the proposed location is at the rear side of the Guest House Building. It is also informed that consent from the Kerala State Pollution Control Board is to be obtained in this regard. In the letter dated 19.09.2022 addressed to the Contractor, the Executive Engineer requested them to start the work of construction of the Effluent Treatment Plant and also informed them that the Board has approved the new proposed location of the said plant at the rear side of the guest house building. The letter dated 26.09.2022 along with the letter dated 19.09.2022 addressed to the Contractor, is marked as Annexure O4.
5. In the letter dated 01.02.2023, which is marked as Annexure O5, the Executive Engineer has informed that the procedure for obtaining consent from the Kerala State Pollution Control Board is underway. It is noticed that the matter is pending and what is happening is only
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correspondence between the Board Officials and the Pollution Control Board and nothing concrete has been done in the matter. Even though in the last letter dated 11.04.2023, - Annexure O6 – produced by the Liaison Officer, the Executive Engineer has stated that online application has been processed, after remitting Rs.22,000/- and assured to commence the work, it is not known as to when the work will be commenced as it is found that matters are moving at snail’s pace. Hence the matter is referred to the Honourable High Court for appropriate direction to the State Pollution Control Board as follows:
i) To direct the State Pollution Control Board to consider the application as expeditiously as possible, to direct the processing of the application submitted by the Board and to grant sanction for construction of the Effluent Treatment Plant, if the plan is otherwise in order.
ii) To direct the Board for starting the work expeditiously and to direct the Board for expeditious completion of the construction work of the Effluent Treatment Plant.”
2.
On 11.07.2023, when this DBP came up for consideration, the Kerala State Pollution Control Board and its Environmental Engineer were impleaded as additional respondents 5 and 6. The learned Standing Counsel for the Pollution Control Board entered appearance for the additional respondents. Thereafter, this Court passed various orders in this
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DBP.
3.
Today, when this DBP is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board and also the learned Standing Counsel for the Pollution Control Board would submit that the consent to establish the effluent treatment plant has already been granted by the Pollution Control Board on 27.01.2024.
4.
The learned Standing Counsel for Travancore Devaswom Board, on written instructions, would submit that based on the consent to establish granted by the Pollution Control Board, the contractor has already been instructed to commence the construction work immediately.
5.
In such circumstances, recording the fact that the Pollution Control Board has granted the consent to establish an effluent treatment plant in Sree Mahaganapathi Temple, Kottarakkara, on 27.01.2024, and that, based on that consent, the Travancore Devaswom Board has already instructed the contractor to commence the construction work immediately, this DBP is disposed of. The entire expenditure in this regard will be subject to audit by the State Audit Department.
The Travancore Devaswom Board shall file a status report before the learned Ombudsman, within a period of four months.
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It would be open to the learned Ombudsman to file a fresh report before this Court, in case further orders are required.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- G. GIRISH, JUDGE
AV/1/2