Kerala High Court Raps State Over Lax Response To Periyar River Pollution, Says It May Have 'Catastrophic Consequences'

The Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha noted that nearly two weeks have passed since its previous directive calling for expedited steps to set up an Effluent Treatment Plant for remediation of the river.

The Court's concern was further heightened by the revelation that an earlier order, issued on October 16, 2025, requiring the two governments to initiate meaningful discussions on viable solutions had resulted in only one meeting.

“It is conceded that beyond that there were no discussions,” it said.

The Court noted that the lives of countless people are at stake with the marine wealth being steadily contaminated and poisoned. It further stated that “catastrophic consequences may be around the corner” if immediate steps are not taken. It stressed that the matter cannot be treated as routine administrative work, as it affects multitudes of people.

“Fortunately the catastrophe has not yet presented itself. It is moving at a patchy pace. However, catastrophic consequences may be around the corner! Our intent is to ensure that it is averted” the bench remarked orally.

The authorities have acknowledged that the waters of the river Periyar are polluted because of the contamination of Kuzhikandam thodu, a tributary. The bench noted that the efforts to rectify the pollution, described by the Bench as requiring “war footing” attention, have progressed only at a “snail's pace” .

The Court had initially considered summoning senior officers from both state governments but refrained after receiving assurances from the Senior Government Pleader and Central Government Counsel that a positive outcome would be reported by the next posting date.

During the hearing, counsel for one of the respondents submitted that his client is capable of removing toxic waste from Kuzhikandam Thodu. However, the Standing Counsel for the Kerala State Pollution Control Board, T. Naveen, clarified that such removal is possible only after dewatering is completed, a process that requires an effluent treatment plant (ETP). The Court has directed the Kerala government to examine both positions before the next hearing.

The Court has also criticized the State government's delay in forming a unified authority for the river, as earlier proposed by the Court.

“We do not know why the government is dragging their feet on this,” the Court remarked, noting that previous alternatives suggested by the state have been found “untenable.”

The Senior Government Pleader informed the Court that the state requires an additional three months to decide on the formation of the unified river authority.

The Court thus posted the matter to December 3 for further consideration.

Case Title - Periyar Malineekarana Virudha Samithi v State of Kerala and connected Matters

Case No - WP(C) 996/ 2012 and Connected Matters

Counsel for Petitioners - K K Ashkar, Ashira Mohamed Ashrof, Mathew A Kuzhalnadan, Kuriakose Varghese, K R Arun Krishnan, Sudeep Aravind Panicker, V Shyamohan, K M George, Chithra P George, Mathews P George, Sneha Harisankar, Sureshkumar M, A V Jojo, B M Jeevan Raj, A X Varghese, Harisankar S, Sherry J Thomas, Joemon Antony, Antony Nilton Remelo, Renish Raveendran, Thaman Bai, P J Unnikrishnan, Ligish Xavier, Gokul Devis, Riyan Augustine Shaji, Amal M

Counsel for Respondents - N Ajith, Geetha P Menon, R Suraj Kumar, P B Subramnyan, Dinesh R Shenoy, R V Rahul, Lijin Thamban, George Cherian, Lal K Joseph, T Naveen, K T Thomas, K M George, C Dinesh, M Ajay, M Gopikrishnan Nambiar, K John Mathai, Jason Manavalan, Kuryan Thomas, Paulose C Abraham, Raja Kannan, Pranoy Harilal, Tesin Mathew, K S Arun Kumar, Babu Joseph Kuruvathazha, Archana K S, Mohammed Shafi K, Noel Elias, P M Johny, Justine Jacob, Prakash M P, T K Ajithkumar,

Amicus Curiae - Ananthakrishnan A Kartha 

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