'Few Battles Won But Can't Rest Yet': Kerala High Court Directs District Collector's Committee To Oversee Canal & Drainage System In Kochi

The Kerala High Court has vacated its earlier judgment in the writ petition relating to the upkeep of Perandoor Canal, to direct the District Collector's Committee to oversee the City's Canal and Drainage system instead of the 'High Level Committee'.Justice Devan Ramachandran, in his earlier judgment dated 27 August had directed the High Level Committee constituted by the Court to oversee the Canal and Drainage system.On 11 September, it was brought to the attention of the Court that the 'High Level Committee' was discharged by an order dated May 20, 2020, since it was felt that a Committee with numerous members like the 'High Level Committee' would not be effective to deal with the matter. In its place, a new Committee headed by the District Collector referred to as District Collector's Committee (DC Committee) was constituted by an order dated September 16, 2022. The Court thus directed the DC Committee to oversee the CIty's canal and drainage system and noted that the DC Committee has been functioning effectively for several years and has delivered satisfactory results. The Court further noted that the overall situation has improved due to the Court's intervention and hence, the 'DC Committee' requires to systematically and continually pursue the effort in a consistent and perennial basis.“Though a few battles may have been won, the war is yet to be!” the Court remarked. The Court noted that many of the fundamental problems continue to fester which included the construction of Mullassery Canal which is part of the third phase of the 'Operation Break Through' remain incomplete. It further noted that reconstruction of culverts by the Railway and the drainage mapping of the city of Kochi is yet to be started. The Court observed that the vigil against dumping into canals and drainage systems must be maintained by the Local Self Government Institutions and Police and this must be ensured on a regular basis under the supervision of the Court. “We cannot rest yet – the ultimate goal being still far ahead.” the bench added. The Court thus confirmed all the interim orders earlier issued. This includes the direction against the deposit of waste in Perandoor Canal, prohibition of dumping septic waste into canals, constitution of permanent mechanism for upkeep of the Perandoor Canal. The interim orders have also dealt with drainage mapping, fixing personal responsibility of the Engineers concerned for upkeep and maintenance of the canals and drainage system. In its judgment, the Court directed the 'DC Committee' to meet regularly and file periodic quarterly reports before the Court. It has further directed the 'DC Committee' to ensure completion of construction of “Mullassery Canal” under “Operation Break Through Phase - III”, construction of culverts by Railway and continuous monitoring of the situation in all Canals and drainage systems in the city of Kochi. The Court has also directed the 'DC Committee' to set up a 'Cleaning Calendar' of canals, particularly the 'Perandoor Canal', as also the drainage systems of the city, which shall be then done by the Irrigation Department for canals and by Corporation of Kochi for the drainage system. The 'DC Committee' is also directed to create a drainage map of the city through scientific methods and relevant inputs. While concluding the judgment the court appreciated the work of the amici curiae,“This Court places on record deepest appreciation for their work, which this Court gathers is also the sentiment of the citizenry, for having gone an extra mile from their official duties, exemplary of their deep public commitment” the bench added. The Court will continue to monitor the progress of the drainage system and canals of the city with the assistance of the amici curiae and the reports of the DC Committee. Case Title: Treasa K J v State of KeralaCase Number: WP(C) NO. 23911 OF 2018Citation: 2025 LiveLaw (Ker) 705Counsel for the Petitioner: Dr. K P Pradeep, T T Biju, K P Kesavan Nair, Neena Arimboor, Sanand Ramakrishnan, T ThasmiAmici Curiae: Sunil Jacob Jose, A G Sunil Kumar , Govind PadmanabhanClick Here To Read/ Download Interim Order

'Few Battles Won But Can't Rest Yet': Kerala High Court Directs District Collector's Committee To Oversee Canal & Drainage System In Kochi

Anamika MJ

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