Missing Contract Worker Cleaning Aamayizhanjan Canal Found Dead: Kerala HC Directs Railways & Thiruvananthapuram Corp. To Submit Reports On Plastic Waste Disposal
The Kerala High Court directed the Railways and the Thiruvananthapuram Corporation to place on record appropriate reports regarding the reason for the flow of plastic waste into the Aamayizhanjan Canal.
The Bench initiated the suo motu proceedings in 2023 and convened a special sitting following alarming reports of the missing worker following the recent media reports of the rescue operations that showcased large amounts of legacy waste, especially plastic waste, had accumulated in the canal around the railway station.
A Division Bench of Justice Bechu Kurian Thomas and Justice Gopinath P. observed, “The media reports and the video of rescue operations seen on television indicate that a staggering quantity of legacy waste has accumulated even in the area within the railway property as well. Further, a video was shown in Court on behalf of the Corporation about the indiscriminate manner in which plastic waste has been dumped at a place allegedly near the Veli Railway Station, which, if true, is shocking. The responsibility, at least prima facie, and for the time being, cannot be pinned down any one body. Irrespective of who is responsible, the public suffers, as all this plastic ultimately flows into the Aakulam lake.”
A.G. K. Gopalakrishna Kurup and Sr. Advocate Ranjith Thampan represented the respondents.
The Court stated that "the Major Irrigation Department of Kerala allegedly owns the canal which is said to flow underneath the Thiruvananthapuram railway station to an extent of about 117 metres." From the rescue operations, it was observed that "large amounts of legacy waste, especially plastic waste, had accumulated in the canal around the railway station."
In the preliminary findings, the Court noted that "railway tracks and their sidings have become dump yards of plastic waste." The Railways were identified as bulk waste generators, with a significant responsibility to manage and dispose of waste effectively to prevent environmental damage. The Court remarked, "These proceedings should not be seen as a fact-finding exercise to determine who was responsible for the accumulation of waste in the canal and the attempt of this Court is to ensure that such incidents do not occur in future."
The Railways submitted that efforts were being made to prevent the flow of waste through the canal into the railway property. However, it was stated that due to the large influx of plastic waste flowing in from the city, the metal gratings were unable to withstand the flow.
The Thiruvananthapuram Corporation attributed the waste accumulation to the "irresponsible dumping of plastic within the railway properties."
Additionally, the Court appointed three amici curiae to assist in these proceedings. They were tasked with visiting the Aamayizhanjan Canal and other relevant sites to provide recommendations. The Railways and the Local Self-Government Department of Kerala were directed to facilitate their travel and accommodation needs.
Consequently, the Court directed, “The Railways and the Thiruvananthapuram Corporation, apart from the District Collector, Thiruvananthapuram, to place on record appropriate reports regarding the reason for the flow of plastic waste into the Aamayizhanjan Canal and the manner in which it is removed and also the persons responsible for such removal.”
Accordingly, the High Court listed the matter for further hearing on July 26th, 2024.
Cause Title: Suo Motu Writ Petition Initiated By The High Court
Appearance:
Amici Curiae: Advocates Vinu T.V, Vishnu.S and Pooja Menon
Respondents: A.G. K. Gopalakrishna Kurup; Sr. Advocate Ranjith Thampan; S.C. .K. Janardhana Shenoy & .T. Naveen and Antony Mukkath; S.G.P. C.E. Unnikrishnan; Sr. P.C. T.C.Krishna; Advocates Suman Chakravarthi, Mohammed Shah and Anto