Thattukadas cannot claim exemption from orders barring discharge of waste into stormwater canals: Kerala High Court

The Kerala High Court recently pulled up the Cochin Corporation for not taking action against ‘Thattukadas’ (streetfood stalls) which dump waste in the canals in Kochi city [Treasa KJ v State of Kerala]..Justice Devan Ramachandran took strong objection to the fact that the Corporation had seemingly taken no action against such stalls despite orders by the Court to prevent private persons from discharging any waste into stormwater canals.Thattukadas are not exempt from the same, the single-judge made it clear. "I fail to understand why the Corporation takes the afore-stand because, in the order dated 11.11.2022, this Court has injuncted every section, including private citizens, from discharging any waste into the stormwater canals. ‘Thattukadas’ do not stand on a better footing and every obligation cast upon the citizens of this nation is binding upon them also," the Court said in its order.It, therefore, directed the Cochin Corporation to ensure that strict legal action is taken against anyone who dumps waste into stormwater canals, be it ‘thattukadas’, hotels, or anyone. The Corporation was also directed to submit a report in this regard..The Court passed the order on a petition that was filed in the year 2018 regarding the blockage of the Perandoor Canal within the Cochin Corporation resulting in the inundation of roads.Over the years, the Court had passed various orders in the case to address flooding of drains and canals in the city of Kochi. .During the hearing of the matter on May 30, advocates Sunil Kumar and Govind Padmanabhan, who are the amici curiae appointed by the Court to assist it in the matter, highlighted the issue of hotels and street food stalls dumping waste into canals..The amici curiae further informed the Court that even though two robotic excavators and sucker-cum-jetting machines for cleaning the drainage system have been procured by the Corporation of Kochi, they have been kept idle.Therefore, the Court directed the Standing Counsel for Cochin Corporation, advocate Janardhana Shenoy to obtain instructions in this regard by the next posting date.“I make it clear that if the afore machines are available, then it would be a complete shame if they are kept idle and not put to use, particularly when monsoons are fast approaching. This Court will consider passing specific orders in this regard on the next posting date, after Sri. Janardhana Shenoy is able to obtain instructions,” the Court said.On being informed by the amici curiae on various complaints regarding pre-monsoon cleaning, the Court said, “I do not think that this Court should micro-manage the cleaning effort of the Corporation, but it is without a doubt that the officers concerned are fully responsible for its effective implementation”..The matter will be heard next on June 2..[Read Order]