Point of Law: Municipality - Citizens are entitled to enjoy a clean and healthy environment both in buildings and in open, which is a right emanating from Article 21 of the Constitution of India dealing with the protection of life and personal liberty which states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. It is so well settled that Article 21 takes in the right of citizens to live in a healthy and orderly environment that it requires any elaborate discussion and evaluation.

JUDGMENT :

1. This writ petition is filed by the Chamber of Commerce, Kunnamkulam Branch, seeking a writ of mandamus to the Kunnamkulam Municipality— first respondent to provide facilities like proper toilets with water, drinking water, clean environment, adequate parking facilities, cleaning the leakages and proper maintenance, including proper lighting facilities in the buildings owned by the Municipality as mentioned in Ext. P2 representation submitted by the petitioner or in the alternative it seeks a direction to the Municipality to take a decision on Ext. P2 representation within a time limit to be fixed by this Court.

2. The petitioner has produced Ext. P1 series of photographs showing the condition of the toilets and washrooms of various building complexes of the Kunnamkulam Municipality. The substantial contention advanced by the petitioner is that every Municipality is duty bound to provide latrine facilities and also to ensure that private latrines are provided by the owners of the private building. However, the Municipality is duty bound to ensure that public as well as private latrines are maintained in a clean and hygienic manner as is insisted upon in Section 320 of the Kerala Municipality Act, 1994 ('Act, 1994' for short).

3. According to the petitioner, the Municipality has failed to discharge the duties and obligations conferred upon under the Act, 1994 and therefore, the petitioner has no other alternative than to seek reliefs by invoking the power conferred on this Court under Article 226 of the Constitution of India, especially due to the fact that the Municipality has failed to consider Ext. P2 representation submitted by the petitioner on 11.02.2016.

4. The Municipality has filed a counter affidavit basically admitting the unhygienic and unclean way in which the bath rooms, toilets and latrines in the building are maintained by the Municipality and justifying it in the pretext that the State Government have ordered that the maintenance fund cannot be used for maintaining the building owned by the Municipality and which are given out for rent. The Municipality is facing paucity of funds even to pay salary to the employees and for routine affairs and therefore, the Municipal Council decided to do maintenance work of the building by including it in the plan fund of the Municipality for the year 2016. That apart, it is stated that the Municipality is only getting a moderate sum as licence fee from the licensee occupying the shopping complexes as pointed out by the petitioner. It is also submitted that with the meager income received by the Municipality from the occupiers, the Municipality is unable to maintain the toilets and latrine in the Municipality buildings.

5. I have heard the learned counsel for the petitioner Smt. Roshni Manual, learned Senior Government Pleader Sri. Surin George Ipe and Sri. Saifdeen for the Municipality, and perused the pleadings and materials on record.

6. The issue raised by the petitioner is basically the failure on the part of the Municipality to maintain the toilets and latrines in the Municipality buildings. Ext P1 series of photographs clearly demonstrates and depicts the ugly and unclean manner the toilets of the shopping complexes are maintained by the Municipality. In my view, the photographs speak volumes about the disgusting state of affairs and one cannot believe that the occupiers in the shopping complexes are using the latrine and toilets. The issue is well guided by the clear provisions of the Act, 1994.

7. Section 320 deals with provision of public latrines, which clearly specifies that the Municipality shall provide and maintain a sufficient number of public latrines in proper and convenient places and shall cause the same to be daily cleansed and kept in a proper order. Section 321 deals with 'licensing of public latrines' and sub-section (1) empowers the Secretary to issue licence, for providing and maintaining latrines for public use, subject to such conditions