IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 6^TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO. 10506 OF 2022 PETITIONER:

GIRINAGAR WELFARE ASSOCIATION REG NO.84/71 SCHOOL ROAD, GIRINAGAR, KADAVANTHARA P O, KOCHI-682020, REPRESENTED BY ITS PRESIDENT, MRS BEENA LUKOSE, AGED 62 YEARS, RESIDING AT HOUSE NO.100, CANAL ROAD, GIRINAGAR, KADAVANTHARA P O, KOCHI-682020.

BY ADVS.

V.MANOJ KUMAR IYPE JOSEPH RESPONDENTS:

1 THE CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY, MAIN OFFICE, NEAR BOAT JETTY, ERNAKULAMM, KOCHI-682015.

BY ADV K.JANARDHANA SHENOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of April, 2022 The petitioner is Girinagar Welfare Association. The Association is before this Court seeking to direct the respondent-Corporation of Cochin to remove iron scrap materials and other waste lying on the western and eastern sides of the Perandoor Canal, in Division No.55 of Cochin Corporation within a time frame.

2. The petitioner states that in the year 2015, construction of a bridge across Perandoor Canal was started and after the construction, the Contractor has left metal scrap on the road side of the Girinagar Housing Colony. In the year 2018, due to the erection of iron pillars and iron pipes in the Perandoor Canal, there was water blockage during the Flood and the Flood heavily affected the nearby residences. As per the directions of the Ernakulam District Collector, the iron pillars and iron pipes were removed from the Canal and were dumped on both sides of the Perandoor Canal. The said iron waste are still lying there, causing grave threat to public health. The Girinagar Welfare Association therefore submitted Exts.P3 and P4 representations before the Secretary to the Corporation. However no action has been taken on Exts.P3 and P4 so far.

3. The learned counsel for the respondent-Corporation of Cochin entered appearance and submitted that there appears to be a dispute between the Greater Cochin Development Authority and the Contractor concerned. The iron waste generated from the work undertaken by the Contractor, have been left on the road sides of the Girinagar Housing Colony, on the side of the Perandoor Canal. The Secretary is taking up the matter with the Greater Cochin Development Authority. Though the petitioner states that they have submitted Exts.P3 and P4 representations, it is not available in the office of the Cochin Corporation as of now.

However, petitioner’s grievance can be looked into by the respondent.

In the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider Exts.P3 and P4 representations produced by the petitioner in this writ petition and take a decision thereon, within a period of six weeks, after giving an opportunity of hearing to the petitioner and other affected parties, if any. The petitioner shall produce a copy of this writ petition along with a certified copy of the judgment before the Secretary to the respondent-

Corporation.

sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 10506/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.E.R-84/71 DATED

27.11.1971 ISSUED TO THE PETITIONER BY THE DISTRICT REGISTRAR (GENERAL)

REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM DISTRICT.

Exhibit P2 TRUE COPY OF THE LATEST RENEWAL CERTIFICATE OF GIRINAGAR WELFARE ASSOCIATION REGISTRATION CERTIFICATE NO.E.R.84/71 DATED 02.12.2021 ISSUED TO THE PETITIONER BY THE DISTRICT REGISTRAR (GENERAL) REGISTRAR OF SOCIETIES, ERNAKULAM DISTRICT;

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED

18.10.2018 SUBMITTED BEFORE THE RESPONDENT BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED

11.02.2022 SUBMITTED BEFORE THE RESPONDENT BY THE PETITIONER. RESPONDENT’S EXHIBITS NIL