JUDGMENT : 1. This writ petition is filed by the petitioner, who is a resident of Vyloppilly lane which connects Azad Road with the Jawaharlal Nehru link road situated within the limits of the 2nd respondent Corporation. The relief sought for by the petitioner is a direction commanding the 2nd respondent along with 3rd and 4th respondents to take immediate urgent steps to remove the waste deposited in the area shown in Ext.P1 photographs and also to ensure that no such activity is permitted to be continued in the said area. 2. Apparently, it is evident from the submissions made in the writ petition that, waste is being accumulated in a semi-residential area in large volumes, interfering with the normal, smooth and hygienic life of the petitioner as well as other residents of the locality. Ext.P1 photographs produced will speak volumes the kind of waste dumped in that particular area. The dumping of waste is not disputed by the 2nd respondent Corporation, which has filed a statement before this Court, stating that, after the filing of the writ petition, the waste accumulated in the area is removed and has put a sign board, warning the people of the area not to throw waste to the property. Ext.R2(a) are photographs produced, from where, it is seen that waste is removed from the area and a board is installed in the area, cautioning the people that if waste is dumped in the area, criminal action will be initiated. 3. I have heard learned counsel for the petitioner, learned Senior Government Pleader and the learned Standing Counsel appearing for the 2nd respondent Corporation. Perused the documents on record and the pleadings put forth by the respective parties. 4. On a reference to Section 30(1) of the Kerala Municipality Act, 1994 [for short the Act, 1994], it is evident that the administration of a Municipal area in respect of the matters enumerated in the First Schedule shall, subject to the provisions of the Act and such other provisions as may be prescribed in this behalf and the provisions of other Acts and the rules made thereunder vest in the Municipality and it shall have the power and responsibility to prepare and implement schemes for economic development and social justice in relation to the matters enumerated in the First Schedule. The proviso to sub-section (1) thereto imposes a duty on the Municipality to render necessary service to the inhabitants of the Municipal area in respect of the matters enumerated as mandatory functions in the First Schedule. 5. On a reference to First Schedule, various mandatory functions are imposed upon the Municipality, out of which, S. No. 6 makes it clear that, collection and disposal of solid waste and regulation of disposal of liquid waste is a mandatory function to be discharged by the Municipality. Moreover, S .No. 8 deals with maintenance of environmental hygiene, and therefore, it is categoric and clear, the Municipality is duty bound to ensure that waste is removed by the Municipality as is contemplated under the Act. Furthermore, Section 326 of Act, 1994 deals with management of waste, reads as follows: “326. Municipality to arrange for the removal of rubbish, solid wastes and filth:- (1) Every Municipality shall make adequate arrangements for:- (a) the regular sweeping and cleansing of the streets and removal of sweepings therefrom. (b) the daily removal of the filth and the carcasses of animals from private premises. (c) the removal of solid wastes. (d) the daily removal of rubbish from dustbins and private premises and with this object, it shall provide: (i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals. (ii) covered vehicles or vessels for the removal of filth. (iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish. (iv) dustbins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, trade refuse, institutional refuse, carcasses of dead animals. (1a) It shall be the responsibility of the Secretary to discharge the duties of the Municipality specified in sub-section (1) and the Secretary shall by order entrust the said duties to the officers and staff having the charge of public health and sanitation, on the basis of streets, areas and the nature of work and get such duties duly discharged by them. (1b) Every Councillor shall observe keenly the activity of collection and removal of garbage and rubbish and other filth from the area of the ward he represents and the failure or neglect in this matter shall be brought to the notice of the Secretary and if it is so brought to the notice, the Secretary shall take necessary urgent remedial measures. (1c) Where the Secretary has failed to discharge the duty vested in him under sub-section (1a) and consequently, arise environmental problems and pollution by the accumulation of any garbage and rubbish and filth in any public place the Council or the Government may take disciplinary action against the Secretary for dereliction of duty. (2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance that may cause reasons for environmental problems, pollution and public health problems. (3) A Municipality may make arrangement on contract basis, in whole or in part for the collection and disposal of solid waste from public or private premises.” 6. Furthermore, Section 327 deals with duty of owners and occupiers for storage and deposit of rubbish and solid waste and sub-section (1) makes it incumbent upon the owners of all premises to provide receptacle of a size to be specified by the Secretary for the purpose of storage of domestic waste, trade waste, institutional waste, dust ashes, refuse and rubbish generated from such premises. Other conditions are also incorporated thereunder, in order to carry out the waste management through public participation in an efficient manner. Other conditions are also incorporated thereunder, in order to carry out the waste management through public participation in an efficient manner. Section 329 deals with introduction of house to house collection of rubbish, wherein, the Secretary may, with the sanction of the Council, introduce in the Municipal area or part thereof house to house collection of rubbish and other offensive matter for which he may publish, from time to time, an order specifying the hours within which the occupier of any house or premises or land, may place rubbish or offensive matter adjacent to his house, premises or land or on a public street adjacent to his house, premises or land as may be specified by the Secretary, in a proper receptacle provided by the Municipality or in a receptacle of the size and type as may be specified by the Secretary in the order that such rubbish or offensive matter may be removed by the employees of the Municipality or by the contractor who may be engaged by the Municipality for this purpose. 7. Sub-section (2) of Section 329 imposes a duty on every person to ensure that rubbish of offensive matter shall not be placed on a public street at the time other than the time specified by the Secretary and except in the receptacle provided or specified under sub-section (1). Section 330 of Act, 1994 makes it clear that, rubbish and other solid waste is the property of the Municipality. Section 331 casts upon a duty on every Municipality to identify and notify suitable lands within or without the Municipal area for the purpose of final disposal of waste. There are other conditions also contained under the Act, 1994, in order to remove waste and process the same, so as to maintain the hygiene and cleanliness in the Municipal area. 8. That apart, the Solid Waste Management Rules, 2016 is a notification issued by the Ministry of Environment, Forest and Climate Change, dated 08.04.2016, with the intention of managing the waste so as to maintain hygiene and cleanliness. There are various provisions made thereunder in order to ensure removal of waste without being accumulated and processing the same. 9. 8. That apart, the Solid Waste Management Rules, 2016 is a notification issued by the Ministry of Environment, Forest and Climate Change, dated 08.04.2016, with the intention of managing the waste so as to maintain hygiene and cleanliness. There are various provisions made thereunder in order to ensure removal of waste without being accumulated and processing the same. 9. Having regard to the facts and circumstances of the case and evaluating the situation, in my considered opinion, even though duty is cast upon the Municipal Corporation to remove the waste without being accumulated by the provisions contained under the Municipality Act, 1994, and the Rules specified above, there is a serious doubt as to whether the Municipal Corporation as such and the Ward Councillors are discharging their duties in accordance with law, and the duty conferred on such persons. Unless and until hygiene is maintained and cleanliness is ensured, there are chances of innumerable difficulties being caused to the public at large, including epidemic and other diseases. It is also clear from the provisions quoted above and other provisions of the Municipality Act, 1994 that, scavenging is one of the prime and foundational duties of the Municipal Corporation and if it is not discharged in accordance with the provisions of the Act and the Rules with utmost sincerity, the ultimate sufferers will be the public, to whom, the Ward Councillors as well as other authorities of the Municipal Corporation including the Secretary of the Corporation are responsible. 10. It is quite evident from the submissions made and the photographs produced by the petitioner that waste is being dumped by the people by the side of the road and vacant properties, since no provision for receptacle is provided by the Municipal Corporation, as is contemplated under law, or necessary arrangements are made in order to collect the waste under the afore-quoted provisions of the Act and the Rules, and process the same. That apart, the Kerala Local Fund Audit Rules, 1996, are constituted in accordance with the powers conferred under Section 28 of the Kerala Local Fund Audit Act, 1994, to conduct the audit with respect to the functioning of the Municipality within the time periods prescribed thereunder. That apart, the Kerala Local Fund Audit Rules, 1996, are constituted in accordance with the powers conferred under Section 28 of the Kerala Local Fund Audit Act, 1994, to conduct the audit with respect to the functioning of the Municipality within the time periods prescribed thereunder. Unless and until the objectives thereunder are attained in respect of handling of the funds by the Municipality in an efficient, systematic and dedicated manner, the citizens are unable to know the manner in which the funds are expended by the Municipality. There are also enough and more provisions under the aforesaid Rules, 1996, to take appropriate action in accordance with the audit report. I am of the considered opinion that, the provisions of the said Rules, 1996, shall be put into action energetically and with utmost sincerity, in order to ensure that the funds are discharged by the Municipal Corporation in accordance with law. 11. Finally, I make an appeal to the public also to ensure that waste is not being thrown to the vacant properties, public properties etc. etc., which will cause much more difficulties to the Corporation to maintain hygiene within its limits. Moreover, dumping waste, into public places, and drains in plastic covers creates further problems, forming dams, causing percolation of water on to the roads making the situation more worse and adverse to the normal life of the people, which is also an act prohibited under Sections 340 and 340A of Act, 1994, liable to be imposed with fine on the spot, and prosecution respectively, and on found guilty, liable to be imposed with a minimum fine of Rs. 10,000/- which may go up to Rs. 25,000/- and with imprisonment for a term which shall not be less than six months but not exceeding one year. Moreover, Section 345 of Act, 1994 deals with punishment for depositing or throwing any rubbish or solid waste in contravention of the provisions of the Act other than the ones specified under Section 340A of the Act. Therefore, it is clear and convincing that, there are enough and more provisions under the Act to curb and prohibit the havoc, menace and nuisance of dumping waste. Therefore, it is clear and convincing that, there are enough and more provisions under the Act to curb and prohibit the havoc, menace and nuisance of dumping waste. The authorities of the Corporation, shall ensure implementation of the provisions referred to above, by demonstrating their active physical participation in that process and thereby discharge their public duties efficiently and effectively rendering justice and protect the interests and life and liberty of the people. The authorities shall bear in mind, that they are duty bound to protect the fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India, and they are endowed also with the fundamental duty to protect and improve the natural environment as envisioned under Part IV-A of the Constitution. So also, the Municipalities are vested with powers and significant and dedicated duties under Part IX-A of the Constitution on and with effect from 01.06.1993, by virtue of the Seventy-fourth Amendment Act, 1992. Therefore, considering the issue at any angle, the authorities have statutory, social, economic, political, and constitutional duties and obligations to protect and translate the legislative intentions. Which thus also means, the authorities shall wake up from their deep slumber and play their part, which is expected by the people, in discharge of their democratic commitments. Be it also noted, the citizens are entitled as of right to enjoy the fruits of nature, living in a healthy, vibrant and delightful atmosphere. 12. In that view of the matter, I am of the considered opinion that, appropriate directions shall be issued to the 2nd respondent Corporation to ensure compliance with the provisions of Act, 1994, in a time bound manner. There will be a direction to the Secretary of the 2nd respondent to ensure that sufficient receptacles are provided in order to collect waste, or make necessary arrangements to collect waste from house to house or in any other manner provided under the Act and Rules. Waste shall be removed by the Corporation on a day-to-day basis. Sufficient camera surveillance shall be provided in such areas where waste is being thrown by the people. Waste shall be removed by the Corporation on a day-to-day basis. Sufficient camera surveillance shall be provided in such areas where waste is being thrown by the people. The Corporation is at liberty to seek the assistance and help of people who are interested in social activities, and such organizations which are able to render necessary help and assistance in order to ensure the cleanliness and hygiene maintained by the Municipal Corporation within its area, in accordance with law. Adequate steps shall be taken to implement the directions contained above, and the provisions of the Act, 1994 and the Rules mentioned above, within a period of six months from the date of receipt of a copy of this judgment. An affidavit shall be filed before this Court with respect to the actions initiated in respect of disposal of waste, fine imposed and the prosecution registered. I also make it clear that, if there is any violation of the directions contained above, any person residing within the limits of the Corporation will be at liberty to approach this Court by filing a suitable Contempt of Court Case. 13. The writ petition is allowed to the above extent. 14. Post this writ petition on 12.03.2019 for the affidavit specified above.