Bindu.V.S vs. The Secretary

DBP/59/2023HC KeralaGSTCNR KLHC01048308202330 January 2024Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN,HONOURABLE MR. JUSTICE G.GIRISH8 pages
AI SummaryAllowed

Held

The Court noted that the Kerala State Pollution Control Board had granted consent to establish the ETP. The Travancore Devaswom Board confirmed that the contractor had been instructed to commence construction immediately. The DBP was disposed of, with directions for the Board to file a status report with the Ombudsman within four months for continued monitoring.

Facts

A complaint was filed regarding the lack of a proper drainage system and water pollution from Sree Mahaganapathi Temple, Kottarakkara, affecting an adjoining property. The Travancore Devaswom Board proposed an Effluent Treatment Plant (ETP) but its construction was delayed due to location conflicts and pending consent from the Kerala State Pollution Control Board (PCB). The Ombudsman referred the matter to the High Court due to the slow progress.

Key Issues

The key legal issues were the delay in constructing an Effluent Treatment Plant for Sree Mahaganapathi Temple to address water pollution and drainage, and the need to obtain necessary environmental consent from the Kerala State Pollution Control Board.

AI-generated summary — verify with the full judgment below

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

2 DBP No.5

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