Cochin Devaswom Board v. Senior Deputy Director Kerala State Audit Department
2025-04-10
ANIL K.NARENDRAN, MURALEE KRISHNA S.
body2025
DigiLaw.ai
ORDER : Anil K. Narendran, J. Cochin Devaswom Board, represented by its Secretary, has filed this DBA seeking appropriate directions to the respondents regarding solid waste management during Thrissur Pooram of the year 1200ME (2025) and also to issue necessary directions to the 2 nd respondent District Collector, Thrissur to take an appropriate decision on Annexure A9 request dated 09.10.2024 made by the Devaswom Commissioner, Cochin Devaswom Board, in terms of the directions issued by this Court in Annexure A1 order dated 04.01.2024 in DBP No.3 of 2023. Paragraphs 15 and16 of the said order dated 04.01.2024 read thus; “15. The learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court the minutes of the meeting held in the Chambers of the District Collector, Thrissur, on 01.04.2024 regarding the preparatory steps that have to be taken before Thrissur Pooram. The learned Standing Counsel for Thrissur Municipal Corporation would point out the difficulties faced by the Corporation in the disposal of waste generated during Thrissur Pooram, due to lack of open ground. The Corporation engages 50 DLR workers during Thrissur Pooram festival and 380 DLR workers on 19 th and 20 th of April 2024, for cleaning Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan). 16. In view of the directions contained in the orders of this Court dated 26.07.2023 in DBP No.32 of 2023 and DBP No.35 of 2023, no part of Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) shall be used by Cochin Devaswom Board or Thrissur Municipal Corporation for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival, exhibitions, etc. The Board and the Municipal Corporation, with the cooperation of respondents 5 to 7, namely, Paramekkavu Devaswom, Thiruvambady Devaswom and Thrissur Pooram Exhibition Committee shall take necessary steps to ensure that, during Thrissur Pooram, the environmental safety levels are maintained in Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) in connection with plastic and non-biodegradable and also biodegradable substances. The 2 nd respondent District Collector shall convene a joint meeting, on or before 17.04.2024, of the officials of the 4 th respondent Corporation and the representatives of 5 th and 6 th respondents Devaswoms and the 7 th respondent Exhibition Committees for and effective disposal of biodegradable and non-biodegradable waste generated during Thrissur Pooram.” 2.
The 2 nd respondent District Collector shall convene a joint meeting, on or before 17.04.2024, of the officials of the 4 th respondent Corporation and the representatives of 5 th and 6 th respondents Devaswoms and the 7 th respondent Exhibition Committees for and effective disposal of biodegradable and non-biodegradable waste generated during Thrissur Pooram.” 2. On 22.01.2025, when this DBP came up for consideration, the learned Senior Government Pleader, the learned Standing Counsel for Thrissur Municipal Corporation and the respective counsel for Paramekkavu Devaswom, Thiruvambady Devaswom and Thrissur Pooram Exhibition Committee sought time to get instructions. 3. On behalf of the 3 rd respondent Thrissur Municipal Corporation, a counter affidavit dated 31.01.2025 was placed on record, wherein the provisions contained in Solid Waste Management Rules, 2016, have been referred to. 4. On 13.02.2025, the 5 th respondent Thiruvambady Devaswom has filed an affidavit dated 12.02.2025. The learned Standing Counsel for Thrissur Municipal Corporation has pointed out the provisions under Sections 333 and 334(1)(vii) of the Kerala Municipality Act, 1994, and also the provisions contained in Rules 11(1)(f) and 12 of the Solid Waste Management Rules, 2016. The learned Standing Counsel for Cochin Devaswom Board has pointed out the judgment of this Court in Thrissur Corporation v. Kerala State Pollution Control Board [AIR 2020 Ker. 150] 5. On 11.03.2025, when this DBA came up for consideration, the learned Standing Counsel for Thrissur Municipal Corporation pointed out the amendment made to Section 333 of the Kerala Municipality Act, whereby the existing provision has been numbered as sub-section (1) thereof and after sub-section (1) so numbered, the following sub-section was inserted, namely; “(2) No person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the Municipality, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of the same to the waste collector or agency as specified by the Municipality on such fees as may be fixed by the Municipality: Provided that such fees shall not be less than the actual rate of cost for the management of such waste and the same shall be paid in advance as directed by Municipality.” 6.
On 13.03.2025, when this matter came up for consideration, the learned counsel on both sides addressed arguments taking note of the amendment made to Section 333 of the Kerala Municipality Act, 1994, by renumbering the existing provision as sub-section (1) thereof and by inserting sub-section (2) after sub-section (1) so numbered. By the order dated 13.03.2025, this Court directed the Secretary of the 3 rd respondent Thrissur Municipal Corporation to convene a joint meeting on 24.03.2025 at 11.00 a.m. in the conference hall of the Corporation Office to discuss the issues in connection with Thrissur Pooram of the year 2025, which is scheduled to commence on 06.05.2025, with specific reference to the statutory provision referred to hereinbefore. The learned Standing Counsel for Cochin Devaswom Board and also the learned Senior Counsel/learned counsel for respondents 4 to 6 submitted that the authorised representatives of the Devaswom Board/Devaswoms shall be personally present in the meeting scheduled to be held on 24.03.2025. The learned Senior Government Pleader was directed to ensure that an authorised representative of the District Collector, Thrissur is also personally present in the meeting scheduled to be held on 24.03.2025. 7. On 27.03.2025, the learned Standing Counsel for Thrissur Municipal Corporation submitted that in terms of the direction contained in the order of this Court dated 13.03.2025, the Secretary of the 3 rd respondent Thrissur Municipal Corporation convened a joint meeting on 24.03.2025, in which certain decisions have been taken, as agreed by both sides, and that the minutes of that meeting shall be placed on record along with an application. 8. An affidavit dated 12.02.2025 sworn to by the Secretary of the 4 th respondent Paramekkavu Devaswom and that dated 16.02.2025 sworn to by the Secretary of the 6 th respondent Pooram Exhibition Committee are placed on record. The learned Senior Government Pleader has placed on record an affidavit dated 27.02.2025 sworn to by the 2 nd respondent District Collector, Thrissur, producing therewith Annexure R2(a) letter dated 02.11.2024 issued to the Secretary/President of Paramekkavu Devaswom and Thiruvambady Devaswom. Along with the affidavit dated 31.03.2025 filed by the Secretary of Thrissur Municipal Corporation, Annexure A minutes of the meeting convened on 24.03.2025 is placed on record. 9.
Along with the affidavit dated 31.03.2025 filed by the Secretary of Thrissur Municipal Corporation, Annexure A minutes of the meeting convened on 24.03.2025 is placed on record. 9. Heard the learned Standing Counsel for Cochin Devaswom Board for the applicant, the learned Senior Government Pleader for respondents 1 and 2, the learned Standing Counsel for Thrissur Municipal Corporation for the 3 rd respondent, the respective counsel/Senior Counsel for Paramekkavu Devaswom, Thiruvambady Devaswom and Thrissur Pooram Exhibition Committee. 10. Paragraphs 3 to 5 of the affidavit dated 27.02.2025 sworn to by the 2 nd respondent District Collector read thus; “3. In compliance with the Court Order, a meeting was held on 15.04.2024, under the chairmanship of the Additional District Magistrate, with the involvement of all concerned parties. Based on the deliberations of the aforementioned meeting, an order was issued from this office on 17.04.2024, entrusting the Secretary, Thrissur Corporation, with the responsibility of managing the disposal of nonbiodegradable waste generated during the Thrissur Pooram, utilizing the existing waste management infrastructure of the Corporation. Additionally, Thrissur Corporation was directed to undertake the scientific processing (scientific composting) of biodegradable waste at Pallithamam Ground, owned by the Cochin Devaswom Board, with technical assistance from the Suchithwa Mission. The Cochin Devaswom Board had permitted this arrangement for the 2024 Pooram festival. 4. Through a letter dated 09.10.2024, the Cochin Devaswom Board requested that the burial of waste at the western Pallithamam Grounds be discontinued, as it is obstructing the Board’s planned future development activities at the site. Additionally, complaints from nearby residents have been received. Therefore, the Board requested that, starting from 2025, the biodegradable waste generated during the Thrissur Pooram at Sri Vadakkunnathan Temple Grounds be processed at alternative suitable locations. 5. In response, on 02.11.2024, this office issued directive C10-3311/2023 to the Tiruvambadi and Paramekkavu Devaswoms, instructing them to make their own arrangements for the scientific processing of the biodegradable waste generated during the 2025 Thrissur Pooram. True copy of letter No.C10-3311/2023 dated 02.11.2024 is produced herewith and marked as Annexure R2(a).” 11. As evident from Annexure R2(a) letter dated02.11.2024, the 2 nd respondent District Collector, Thrissur has already directed the 4 th respondent Paramekkavu Devaswom and the 5 th respondent Thiruvambady Devaswom to make their own arrangements for the scientific processing of biodegradable waste generated during Thrissur Pooram of the year 1200ME (2025). 12.
As evident from Annexure R2(a) letter dated02.11.2024, the 2 nd respondent District Collector, Thrissur has already directed the 4 th respondent Paramekkavu Devaswom and the 5 th respondent Thiruvambady Devaswom to make their own arrangements for the scientific processing of biodegradable waste generated during Thrissur Pooram of the year 1200ME (2025). 12. During the course of arguments, the learned Standing Counsel for Thrissur Municipal Corporation has made available for the perusal of this Court copy of the minutes of the meetings held on 05.04.2025 and 08.04.2025, which were convened in terms of the direction contained in the order of this Court dated13.03.2025. 13. In terms of the specific directions contained in Annexure A3 order of this Court dated 11.04.2024 in DBA No.3 of 2024, no part of Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) shall be used for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival and Pooram exhibition. In such circumstances, this DBA is disposed of by directing respondents 2 to 6 to ensure strict compliance of the aforesaid direction contained in the order of this Court dated 11.04.2024 in DBA No.3 of 2024, in letter and spirit, by ensuring that no part of Thekkinkadu Maidan is used for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival of the year 1200ME (2025) and Pooram exhibition. No part of Pallithanam Ground owned by Cochin Devaswom Board shall be used for disposal of such waste generated during Thrissur Pooram Festival and Pooram exhibition.