IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE MR.S.V.N.BHATTI &

THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 26^TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945 WP(C) NO. 14312 OF 2023 PETITIONER/S:

MUHAMMED ZAIN SHABEER PP, AGED 31 YEARS S/O SULAIMAN ( LATE ) PUTHAN PEEDIKAYIL HOUSE , ARANGOTTUKARA POST , ARANGOTTUKARA , PALAKKAD DIST , PIN -

679533, PIN - 679533 BY ADV MUHAMMED ZAIN SHABEER PP (Party-In-Person)

RESPONDENT/S:

1 ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, LOCAL SELF GOVERNMENT DEPARTMENT, 4TH FLOOR, SECRETARIAT ANNEXE, ROOM NO 403, THIRUVANANTHAPURAM - 695001, PIN - 695001

2 CHIEF SECRETARY, STATE OF KERALA STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM - 695001, PIN - 695001

3 PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, PRINCIPAL DIRECTORATE, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, KERALA, 695001, PIN - 695001

4 EXECUTIVE DIRECTOR, SUCHITWA MISSION, EXECUTIVE DIRECTOR, SUCHITWA MISSION, 4TH FLOOR, REVENUE TOWER, PUBLIC OFFICE COMPOUND, TRIVANDRUM, KERALA, INDIA.

PIN - 695033, PIN - 695033

5 SECTION OFFICER, GENERAL ADMINISTRATION DEPARTMENT SECTION OFFICER, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, KERALA, 695001, PIN - 695001 OTHER PRESENT:

SPL. G.P. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

S.V.N. Bhatti, Acting C.J.

The petitioner, a student of law, has filed the present Public Interest Litigation praying for the following reliefs:

i) To call for the records related to the issuance of Exhibit P1 Order number 41/2023/LSGD dated on 06-Jan-2023, Exhibit P2 Order 789/2023/LSGD dated on 31-March-2023, and a writ of Mandamus or Certiorari or any other appropriate writ or order may be issued quashing them as ultra vires, Unconstitutional, null, Void ab initio, and unenforceable by law.

ii) Exempt BPL (below poverty line) families, families who cannot afford the monthly user fee payment, from the mandatory user fee payment to Haritha karma sena.

iii) As an Indian Citizen, everybody pay different types of taxes to government, request hon’ble court to issue writ of Mandamus or Certiorari or any other appropriate writ or order may be issued to Declare proper waste management as Absolute Liability of the State.

iv) To grant such other order or direction, as the Hon’ble court may deem fit and proper to meet ends of justice;

2. The State of Kerala, a God’s Own Country, otherwise also known as a City-State, has a few advantages conferred on the people of the State of Kerala and a few limitations in terms of space, open land etc. The unsatisfactory performance of the Local Self Governments in the State of Kerala has been the subject matter of cases in this Court and the National Green Tribunal, Principal Bench, New Delhi and the National Green Tribunal, Southern Bench. Solid Waste Management Rules 2016 (for short, Rules 2016) have come into force since 2016. Rules 2016 have changed the dynamics of the implementation of solid waste management and schematic flow of collection, handling at source and handing over to the agencies, including the representatives of local governments, and safe disposal is provided for. The performance of the Local Self Governments, particularly Cochin Municipal Corporation, has been the subject matter of the order of the National Green Tribunal dated

17.03.2023.

3. An unfortunate incident of a serious fire mishap happened at Bramhapuram, a notified solid waste management site of Cochin Municipal Corporation. The case has been taken up as a Public Interest Litigation, and this Court has been mandamus issuing orders like continuous directing the State Government and the Local Self Governments to comply with the statutory duties and functions under Rules 2016 read with the Environment Protection Act. Even as ea