Thattukadas Not Exempt from Orders Prohibiting Waste Discharge into Stormwater Canals: Kerala HC

The Kerala High Court recently criticised the Cochin Corporation for its failure to address the issue of ‘Thattukadas’ (street food stalls) disposing waste in the canals of Kochi city.

A single-judge Justice Devan Ramachandran expressed strong disapproval of the Corporation’s inaction towards these stalls, despite previous court orders prohibiting individuals from dumping waste into stormwater canals. The single judge emphasized that Thattukadas were not exempt from these orders.

“I fail to understand why the Corporation takes the afore-stand because, in the order dated 11.11.2022, this Court has injuncted every section, including private citizens, from discharging any waste into the stormwater canals. ‘Thattukadas’ do not stand on a better footing and every obligation cast upon the citizens of this nation is binding upon them also,” the order reads.

Consequently, the single bench ordered the Cochin Corporation to take strict legal action against any entity, including ‘thattukadas’, hotels, or others, found dumping waste into stormwater canals.

The Corporation was also instructed to submit a report on the matter.

This decision was made in response to a petition filed in 2018 concerning the blockage of the Perandoor Canal within the Cochin Corporation, leading to road inundation.

Over the years, the Court had issued various directives to address drainage and canal flooding in Kochi.

During the hearing, advocates Sunil Kumar and Govind Padmanabhan, appointed as amici curiae, highlighted the issue of hotels and street food stalls disposing waste into the canals.

They further informed the bench that although the Corporation of Kochi had acquired two robotic excavators and sucker-cum-jetting machines for cleaning the drainage system, they remained unused.

As a result, the bench directed the Standing Counsel for Cochin Corporation, advocate Janardhana Shenoy, to seek instructions on this matter before the next scheduled hearing.

On being informed by the amici curiae on various complaints regarding pre-monsoon cleaning, the bench said,

“I do not think that this Court should micro-manage the cleaning effort of the Corporation, but it is without a doubt that the officers concerned are fully responsible for its effective implementation”.

The matter is scheduled to be heard next on 2^nd June, 2023.