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2023 Supreme(Ker) 171

VIJU ABRAHAM
Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph – Appellant
Versus
Thrikkakara Municipality, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Anil S. Raj, K.N. Rajani, Anila Peter, Radhika Rajasekharan P., Muhammed Haris K.K., Simi S. Ali.
For the Respondent: S. Jamal, SC, Thrikkakara Municipality, Vishak Johnson K., S. Nithin (Anchal), Adv. Naveen T., SC For Pollution Control Board.

JUDGMENT :

Petitioner has approached this Court aggrieved by Ext.P7 order issued by the 2nd respondent whereby action was initiated against the petitioner for flowing the waste water from the various flats in the apartment complex to the public drain. Petitioner is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955, and is represented by its Secretary. The members of the petitioner society are the owners of apartments in the building by name Platinum Tower situated at Kakkanad and it is a multi-storied apartment building with 41 units. On 03.08.2011, the petitioner submitted Ext.P1 application before the 2nd respondent, the Secretary of the Thrikkakara Municipality for cutting the road in front of its building for taking connection to the drain at the opposite side of the road. After Ext.P1 application in this regard was allowed, the petitioner deposited an amount of Rs.4,000/- towards the charges for road cutting as is evident from Ext.P2 receipt. For treating the septic waste generated in the apartment, the petitioner has a sewage treatment plant (STP) with a valid consent to operate, issued by the Kerala State Pollution Contro

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