Periyar Pollution: Centre Nod For Temporary Effluent Treatment Plant But Kerala High Court Flags Continued Contamination Of River

Centre's counsel C Dinesh today filed a memo, producing an order issued by the Ministry of Chemicals and Fertilisers dated 15 December 2025, granting permission to the Kerala government to use 75 cents (0.75 acres) of land at Udyogamandal belonging to Hindustan Insecticides Limited for setting up a temporary Effluent Treatment Plant (ETP). The permission has been granted for a period of 10 years.

S Kannan, Senior Government Pleader, informed the court that a report has been submitted by the Special Secretary, Environment Department, Government of Kerala confirming the permission granted by the Centre.

Appearing for the Kerala State Pollution Control Board, Standing counsel T Naveen submitted that the Board would initiate steps to commence construction of the ETP after identifying the competent authorities and required areas. He assured the Bench that action-taken reports would be filed periodically before the court.

However, the Bench made it clear that the issue of Kuzhikandam thodu could not be viewed in isolation. The court observed that it is only one component of the larger and continuing pollution of the Periyar river, which remains contaminated due to multiple factors. Referring to earlier reports of the Pollution Control Board, the court noted that the polluted state of the river stands virtually confirmed.

“It is without doubt as is the common case which is virtually confirmed by the Pollution Control Board also through their earlier reports that river Periyar still remains polluted and contaminated on account of various factors.” Court observed

The court reiterated that it has consciously refrained from fixing responsibility on any single entity or agency, holding instead that the primary obligation to ensure clean and pure water rests with the government.

“If there are any entities or agencies causing the pollution or with the potential to do so, it is for the competent authorities to intervene and take necessary actions.” Court noted.

Referring to its earlier orders, the court observed that it had already placed responsibility for the river on a high-level authority, envisaged to continue until a more effective solution is evolved. The court again stressed its suggestion for the creation of a unified authority for the Periyar, expressing frustration that the State continues to seek time on every posting, noting that the government pleader is yet to get instructions in this regard.

“We do not know how many orders it will take for us to point that river periyar is the most invaluable treasure for the citizens of Kerala. Why this is lost to the officials and persons in authority is something that baffles us because any contamination of the river will cause untold misery and cataclysmic consequences on the countless citizens of the State.” Court remarked.

Since a High-Level Committee is already in charge of the river, the court directed that it should now take a comprehensive view of all contributing components, including Kuzhikandam thodu, subject to the existing judicial directions. The competent authorities of the government were directed to ensure that the committee is enabled to act effectively and place a proper report before the court.

During the hearing, the Pollution Control Board also informed the court that it has nearly ₹60 crore available for the project, but the central government's share, which is about 40% of the total requirement, has lapsed. The court directed the Central Government Counsel to obtain instructions from the concerned authority and report back by the next posting.

Separately, Sri Kuriokose, counsel for some of the petitioners, submitted that the Kerala University of Fisheries and Ocean Studies (KUFOS) has been arrayed as a party and that there are reports concerning pollution's impact on aquatic life and this should also be placed on record. The standing counsel for KUFOS assured the court that any existing studies would be produced and that further reports, if required, would also be filed.

The matter has been listed for further consideration in the third week of January and the Court has directed the Pollution Control Board and Government to respond on the issues raised by the Court.

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