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VIJU ABRAHAM
Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph – Appellant
Versus
Thrikkakara Municipality, Represented by its Secretary – Respondent
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
Point of Law : A comparison of Kerala Municipality Act, 1994 published in Malayalam and translated version published as per gazette notification would reveal that there is a marked difference in word....
Due process must be followed before enforcement actions concerning property rights, especially under the Kerala Municipality Act.
Environmental protection laws necessitate strict liability for contamination of public water bodies, regardless of alleged permissions by local authorities.
The court determined that the petitioner is entitled to restore damaged drainage infrastructure based on proper inspection confirming STP compliance.
Liability persists for water pollution violations despite transfer of property ownership.
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