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2026 Supreme(Online)(Ker) 9494

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
SREEKUMAR K.R. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 5844 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.JAYANT
For the Respondents: SRI.VENUGOPAL V., GOVERNMENT PLEADER

Apprehensions without tangible evidence do not warrant judicial intervention.

Headnote:The petitioner sought relief against waste dumping near his property. Citing potential pollution during a religious ceremony, the petitioner highlighted fears without substantiated claims. The Court found the apprehensions unsubstantiated, leading to dismissal of the writ petition.

Table of Content
1. petitioner seeks remedy related to waste disposal during a festival. (Para 1 , 2 , 3)
2. lack of action from authorities leads to petition. (Para 4 , 5)
3. court hears arguments from the petitioner. (Para 6)
4. court observes potential precautions taken for waste management. (Para 7 , 8)

JUDGMENT

Dated this the 13th day of February, 2026 The petitioner, who is a senior citizen and who claims to be suffering from old age diseases has approached this Court seeking the following reliefs:

“i) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 2nd and 3rd respondents to fill the pits digged near to petitioner’s house for waste dumping.

ii) To direct the 4th respondent: to prevent the 5th respondent from dumping waste to the pits digged near to petitioner’s property.

iii) To direct the 4th respondent to initiate action against the 5th and 6th respondents for causing improper waste disposal methods and causing environmental pollution and health hazards to nearby residents.

iv) To issue such other writ or pass such other order as this Hon’ble Court deems fit in the interest of justice and equity.”

2. The contention of the petitioner is that the 5threspondent is conducting a Kuthiyottam Vazhippadu, a form of adoration to deity of Chettikulangara Temple. The ceremony commences from 15.02.2026 and it will continued up to 23.02.2026.

3. The petitioner states that as part of Kuthiyottam Ceremony, the property lying adjacent to the petitioner's property belonging to the 6th respondent was taken for giving food items to the participants of adoration ceremony and the spectators. Two large holes are drilled near to the western side of the petitioner's property using JCB for the purpose of dumping paper waste.

4. The petitioner states that dumping of waste near to the petitioner's property will cause pollution and health hazard to petitioner and nearby residents. The petitioner submitted complaints before various Government authorities.

But, no action has been taken.

5. The writ petition is therefore filed seeking to direct respondents 2 and 3 to fill the pits dug near to the petitioner's house for waste dumping.

6. I have heard the learned counsel for the petitioner.

7. The grievance of the petitioner is relating to digging of large pits for depositing food waste that may be generated due to the food served to the devotees in Kuthiyottam ceremony in the Temple. The Temple ceremony is yet to begin.

8. It is evident from the pleadings of the petitioner itself that the organisers have taken steps to avoid pollution and they have dug large pits for dumping the food waste. Even before the ceremony, the petitioner has approached this Court on the basis of apprehension that the dumping of food waste in the large pits will cause pollution in the area.

9. I am of the view that the writ petition has been filed on apprehensions and without any tangible reason.

The writ petition is hence dismissed.

Sd/-

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