Court emphasizes the need for local authorities to regulate commercial activities to prevent environmental pollution in water bodies, highlighting the jurisdiction of the court to enforce such measures.

JUDGMENT

Dated this the 3^rd day of November 2025

Nitin Jamdar, C. J.

These two writ petitions pertain to the pollution of the water body known as Chakkuvally Chira, situated within the limits of Poruvazhy and Sooranad South Grama Panchayats. The Petitioners are residents of the locality. The Respondents are the District Collector, the Director of Panchayats, the Kerala State Pollution Control Board, and the concerned Grama Panchayats.

2. Chakkuvally Chira serves as a source of drinking water for the people living in Poruvazhy, Sooranad North, and Sooranad South Grama Panchayats. When the writ petitions were filed in 2021 and 2022, the Petitioners apprehended that commercial activities were being carried out in and around the water body, which could result in its pollution. The Petitioners organised awareness programmes and agitations regarding the likelihood of pollution of the said water body. Since, according to them, no effective measures were being taken by the authorities, they approached this Court seeking appropriate directions to the Respondent Authorities to take necessary steps to prevent pollution of the lake.

3. Heard Mr. M. Abdul Salim, learned counsel for the Petitioners; Mr. Manoj Ramaswamy, learned counsel for Respondent No. 5; Mr. T. Naveen, learned Standing Counsel for the Kerala State Pollution Control Board; Mr. K. S. Prenjith Kumar, learned counsel for Respondent No. 8; and Mr. S. Kannan, learned Senior Government Pleader.

4. During the pendency of the writ petitions, based on an assertion that permission had been granted for establishing a petroleum retail outlet in the area, which was allegedly causing pollution, the petitions were amended, and the owner of the said outlet was joined as a party respondent and has been served.

5. The petitions were heard from time to time. During the hearings from March 2025 onwards, the main allegation of the Petitioners was with respect to the pollution allegedly caused by the petroleum retail outlet in the area. The District Collector and the owner of the petroleum retail outlet have filed their counter-affidavits. The Kerala State Pollution Control Board was directed to conduct an inspection and submit a report, which has been placed on record. The District Collector has also placed on record written instructions through the learned Senior Government Pleader, as per a memo.

6. The owner of the petroleum retail outlet has stated that he opened the outlet in full compliance with all legal requirements and that all necessary permits and licences have been granted to him by the statutory authorities. He has asserted that the petrol pump is not causing any pollution and that it is situated away from the water body. The owner has further stated that these litigations have been initiated by a rival petrol pump owner, Mr. Ashraf of Safa Fuels, who, along with others, has filed as many as thirteen legal proceedings and that the present writ petitions are yet another attempt to obstruct the functioning of the petroleum retail outlet.

7. Apart from the stand taken by the owner of the petroleum retail outlet, we have noted the memo submitted by the learned Senior Government Pleader, wherein it is stated that the Tahsildar, Kunnathoor, has reported that the pump is situated facing the Kollam– Theni road on the western side, enclosed by compound walls on three sides. The petrol pump is located approximately 150 metres north of Mayyathunkara Juma Masjid. It is further stated that, in order to collect and dispose of rainwater and other water falling within the premises, covered drainage channels have been constructed inside the co