IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HON’BLE THE CHIEF JUSTICE MR. RAJEEV GUPTA
&
THE HONOURABLE MR. JUSTICE K.S. RADHAKRISHNAN

FRIDAY, THE 15TH JULY 2005 / 24TH ASHADHA 1927

OP. No. 32785 of 2001 (S)

PETITIONER:

          C.S. SREEKUMAR, RESEARCHER IN JOURNALISM,
          AMC-II/174, ‘SARASWATHY’, BEHIND KSRTC GARAGE,
          ATTINGAL-695101, THIRUVANANTHAPURAM DISTRICT, KERALA.

 

   BY ADV. SRI. T.H. ABDUL AZEEZ

RESPONDENTS:

1.     UNION OF INDIA, REPRESENTED BY ITS
        EX. OFFICIO-PRINCIPAL SECRETARY AND CHAIRMAN
        RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAVAN,
        NEW DELHI – 110 001.

2.     THE SECRETARY, MINISTRY OF ENVIRONMENT &
        FORESTS, GOVERNMENT OF INDIA, PARYAVARAN BHAVAN,
        CGO COMPLEX, LODHI ROAD, NEW DELHI 110 003.

3.     THE SECRETARY, MINISTRY OF HEALTH &
        FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN,
        MAULANA AZAD ROAD, NEW DELHI 110 011.

          SRI. JOHN VARGHESE, ASST. SOLICITOR GENERAL for R1 TO 3

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/07/2005. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

 

RAJEEV GUPTA, C.J. & K.S. RADHAKRISHNAN,

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OP. No. 32785 OF 2001
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Dated this the 15th day of July, 2005.

 

JUDGMENT

 

Radhakrishnan, J.

          This public interest litigation has been preferred seeking a direction to the respondents not to dump the human excreta to the railway tracks from the toilets of the coaches of the trains and install chemical toilets in all coaches of the trains or install tanks in all coaches of trains for storing the human excreta from the toilets and dispose that in the sewage dumps and also for other consequential reliefs. Petitioner in paragraph 5 of the original petition has stated that most of the countries in the world have installed chemical toilets or tanks in the coaches of trains for storing the human excreta from the toilets. But Indian Railways never care the valuable health of the passengers and neighbours of railway tracks and railway stations by doing so.   Statement has been filed by first respondent. Reference was made to three systems, viz, Vacuum Toilet System, Biological Toilet System and Controlled Discharge (Macerated) Type Toilet System. Details of such systems have also been elaborated in the statement filed by the Railways. It is also stated in the statement that certain measures have already been taken by the Railways in this direction. Further, the statement of the petitioner that the Indian Railway is not caring the valuable health of the passengers and neighbours of the railway tracks was also denied. It is also stated that they would follow the system which is suitable for Indian Railways. Since they have already taken further steps in this direction no intervention by this Court is necessary. Recording the above submission original petition is closed.       
          CMP. No. 53385 of 2001  is dismissed.

                                                                             SD/-          
                                                RAJEEV GUPTA, CHIEF JUSTICE.

 

                                                   K.S. RADHAKRISHNAN,  JUDGE.

 

 

PPENDIX

PETITIONER’S EXTS:

EXT.P1 – TRUE COPY OF THE NEWS ITEMS PUBLISHED IN THE HINDU DAILY DATED 30.8.2001.

EXT.P2 – PHOTO COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.8.2001.

//TRUE COPY//
                                                                   SD/-
                                                          P.A. TO JUDGE
         
                                                                   SD/-
                                                                   Examiner