Kerala High Court Raps Kochi Corporation For Inaction Against Street Food Stalls Dumping Waste Into Stormwater Canals

The Kerala High Court recently came down heavily on the Kochi Corporation for not taking stringent action against hotels, particularly “thattukadas” (street side food stalls) for dumping waste into stormwater canals.

The High Court in an order last year had directed the Kochi Corporation to act against citizens, commercial establishments dumping plastic/ garbage in stormwater drains.

A single bench of Justice Devan Ramachandran observed: 

“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 stated.

The Court was informed by the Amici Curiae Adv. Sunil Kumar and Adv. Govind Padmanabhan that despite the previous order of the Court, the dumping of waste by hotels and 'thattukadas' were continuing and strict action was needed against the same. In this regard the Court directed the Corporation to ensure strict action is initiated against anyone violating the order of the Court.

The Amici Curiae also informed the Court that two Robotic Excavator and Sucker-cum-Jetting machines have been procured by the Corporation of Kochi, but it has not been put to use. The Amicus Curiae submitted that the Corporation ought to use these machines to effectively clean out the drains. The Court directed the Counsel for the Corporation to get specific instructions in the regard.

“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,” the Court stated.

The Court also said that though pre-monsoon cleaning is going on, it is lacking in some aspects. The Court stated that the Engineers in charge will be answerable if the cleaning efforts by the Corporation is not implemented effectively.

“I do not think that this Court should micro manage the cleaning effort of the Corporation, but it is without doubt that the officers concerned are fully responsible for its effective implementation. In other words, if any drain is found to be not clean in spite of such efforts and notwithstanding the orders of this Court, then the respective Assistant Engineers of the area in question will be held personally accountable and this Court will not shy away from issuing rule against them for contempt and such other apposite action. All Engineers are put on notice regarding the same,” the Court said in its order. 

Case Title: Treasa K.J. v. State of Kerala 

Click here to read/download order