LAWS(KER)-2017-11-120

RAJESH A.NAIR Vs. STATE OF KERALA

Decided On November 24, 2017
Rajesh A.Nair Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is before this Court because of highly objectionable activities being pursued by the second respondent/Municipality in causing the garbage accumulated on the sides of the roads, to be burnt, as part of waste management, instead of segregating and taking it to appropriate places for disposal. It is in the said circumstance, that a prayer is raised to install a proper insinuator, to curb the menace of waste burning, to prevent release of various toxic gases including Carbon Monoxide, which detrimentally affects the lives and limbs of the general public.

(2.) We heard the learned counsel for the petitioner, the learned Government Pleader appearing for the first respondent, the learned Standing Counsel for the second respondent as well as the learned Standing Counsel for the third respondent.

(3.) The learned Standing Counsel for the second respondent Municipality submits that burning of garbage on the sides of the roads is not supported by the Municipality and that strict instructions have already been given to all concerned. It is however brought to the notice of this Court by the learned Standing Counsel that, various restrictions are placed on the way of the Municipality, by virtue of a civil court decree and such other orders. It is also stated that, various measures are being taken in relation to waste management, including setting up of a proper treatment unit, so as to enable the Municipality to tackle the situation, with a capacity to deal with 15 tonnes of garbage per day.