'Imminent Danger To Citizens': Kerala High Court Expresses Alarm Over Periyar River Pollution, Slams Centre–State Rift For Delaying Cleanup

The division bench of Justice Devan Ramachandran and Justice M B Snehalatha while considering a batch of petitions concerning the pollution of Periyar river noted that the situation had reached an “imminent danger” to citizens due to the large-scale dumping of hazardous waste in the Kuzhikandam Thodu, a tributary of the Periyar.

The Court remarked that despite multiple earlier directions, “each of them (Centre and State) seem to be opening excuses against each other,” instead of working together to resolve the crisis.

The Bench recorded its exasperation with the failure of both governments to develop a coherent plan in the following words:

“What we would normally expect is for all stakeholders to have synergy and use the platform of this Court for ironing out any impediments… However, we have now reached a position where we are running around for solutions,” the Court stated.

The Court observed that the lack of communication between the Centre and the State had only delayed the cleanup operations.

“We have failed to understand why the governments do not have a channel of communication among themselves at the highest level rather than place the communication between each other before the Court,” the bench observed.

The State Government had earlier identified land belonging to the erstwhile Hindustan Insecticides Limited (HIL) for the establishment of an effluent treatment plant. However, the Central Government, represented by counsel Dinesh, opposed the move, contending that the HIL property had already been earmarked by the company for its own treatment plant. The Centre further argued that the Kerala State Pollution Control Board must identify an alternative site under the Environmental Protection Management Rules, 2025.

Expressing urgency, the Bench directed the competent authority of the Union Government to immediately commence discussions with the State Environment Department Secretary to identify a viable solution, including possible alternate sites. The Court also asked the authorities to consider the provisions of the Disaster Management Act, which confer plenary powers to address such crises.

The order also took note of an alternative suggestion made by advocate A.X. Varghese, who proposed that remediation of the Kuzhikandam Thodu could be undertaken using the infrastructure available with the Fertilisers and Chemicals Travancore Limited (FACT).

The Bench added that no further delay would be tolerated in the matter, directing both governments and other stakeholders to ensure that the cleanup of Kuzhikandam Thodu proceeds without restrictions.

The case has been adjourned to next Thursday, by which time the Court expects the outcome of the discussions to be reported.

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