Court affirms the need for compliance with environmental regulations by charitable institutions to mitigate local pollution impacts.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue of Writ of Mandamus directing the respondents to shift the 9^th respondent institution in an area where not densely populated.

ii. Direct the 4^th and 5^th respondent ensure that the treated filthy water not to flow in the public drainage and proper monitoring from time to time to the functioning of Sewage Treatment Plant. iii. Direct the respondent to pay adequate compensation for the damages caused to petitioner and his workmen.

iv. To grant such other reliefs which this Hon’ble Court may deem fit in the facts and circumstances of the case."

[SIC]

2. The main prayer in this Writ Petition is to issue a direction to the respondents to shift the institution run by the 9^th and 10^th respondents, namely, ‘Shanti Bhavan Sarvodaya Charitable Trust’, to an area that is not densely populated. According to the petitioners, ‘Shanti Bhavan Sarvodaya Charitable Trust’ is a shelter home for mentally unsound people. The grievance of the petitioners is that there is pollution due to the functioning of the shelter home.

3. When this Writ Petition came up for consideration before this Court on 19.07.2024, this Court passed the following order:

“Admit. Issue notice to the respondents 5,7,9 and 10.

The learned Government Pleader takes notice for the respondents 1,2,3 and 6. Adv.Smt. Parvathi Menon A. takes notice for the 8th respondent. Adv.Sri. T.Naveen takes notice for the 4^th respondent.

2. This Writ Petition is preferred alleging violation of the statutory provisions while running a charitable institution by the 9^th and 10^th respondents. In the said institution, around 100 inmates are accommodated. It is further stated that the hygienic condition of the inmates is also in a pathetic situation. The discharge of contaminated water from the property of the 9^th and 10^th respondents is creating trouble to the nearby residents as the discharge of such contaminated water to the water channel, will ultimately affect the water resources in the locality.

3. In the said circumstances, the petitioner seeks a direction to conduct an inspection in the 9^th respondent institution to ascertain the status of the inmates and also the nuisance occurred to the nearby residents.

4. On considering such a prayer, I am of the considered opinion that the counsel for the 8^th respondent, who is the neutral party in the Writ Petition and there is no prayer sought against them, will be a suitable person to conduct an inspection to the institution.

5. Accordingly, the counsel for the 8^th respondent, Adv.Smt.Parvathi Menon A., will conduct an inspection in the institution in question on 21.07.2024. The 6^th respondent as well as the 4^th respondent shall make necessary arrangements in this regard. Needless to say, the Police shall provide adequate protection and necessary assistance to Adv. Smt.Parvathi Menon A. for conducting inspections. Post the Writ Petition on 24.07.2024. By the time, Adv.Smt. Parvathi Menon A. will submit a report with respect to the conditions of the inmates as well as the surroundings of the 9^th respondent institution.”

4. Based on the above order, Adv. Parvathi Menon inspected the premises of the shelter home and submitted a detailed report. In the report, it is stated that ‘Shanti Bhavan Sarvodaya Charitable Trust’ is a shelter home conducted by the 9^th and 10^th respondents. The grievance raised by the petitioners and the adjacent property owners is also stated in the report. Their main grievance is that wastewater from the shelter home is discharged directly into the public water body.

5. After going through the report of Adv. Parvathi Menon, this Court directed the 4^th respondent, Environmental Engineer of the Pollution Control Board to visit the premises of the shelter home and submit a repor