Sanchayita Lahkar

The High Court of Kerala Division Bench of Justice Nitin Jamdar and Justice Basant Balaji directed the constitution of a high-level study group to devise long-term solutions for the chronic sewerage and sewage-treatment problems in Kochi. Acting on a public interest petition by the Apartment Owners Apex Association, the Court invoked its authority under Article 226 to address lapses in urban sewerage infrastructure and statutory compliance under environmental laws. The Bench ordered senior officials of the State Government, Pollution Control Board, Water Authority, and Kochi Municipal Corporation to submit within four weeks a preliminary report outlining necessary remedial measures.

The Apartment Owners Apex Association, Kerala, filed a public interest litigation seeking judicial intervention in addressing deficiencies in the sewer network and sewage treatment systems in the city of Kochi. The Association alleged that despite statutory notices issued by competent authorities, the problems in the sewerage infrastructure persisted, causing environmental and public health concerns. The petition sought the Court’s direction to ensure that responsible authorities implemented development measures and provided updates on the use of allocated funds for sewerage works.

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The respondents included the State of Kerala, the Kerala State Pollution Control Board and its Environmental Engineer in Ernakulam, the Kochi Municipal Corporation, the Kerala Water Authority, and other statutory and local bodies. The petitioner presented the issue as one of continuing public importance affecting urban sanitation and compliance with environmental standards.

The Court considered the submissions from the petitioner’s counsel and the Amicus Curiae, as well as the arguments by the State and statutory authorities. The statutory framework relevant to the dispute involved the responsibilities of local self-government and environmental protection agencies in ensuring an adequate sewerage network and effective sewage treatment. The proceedings arose from grievances about delayed or inadequate action on these obligations.

The Court observed that “the issues raised by the Apartment Owners Association are also reflected in the note filed by the learned Amicus Curiae, it would require consideration.”

The Bench noted that “the Apartment Owners Association chose to file the PIL only after mandatory notices had been issued by the Statutory Authorities and that too, when this Court had called upon the Statutory Authorities to perform their functions.” It further stated, “Be that as it may, in the larger public interest, a solution is required to be found for the issue.”

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The Court directed: “we constitute a high-level study group consisting of the Principal Secretary to the Government, Local Self Government Department, the Chairperson of the State Pollution Control Board, the Managing Director of the Kerala Water Authority and the Secretary of the Kochi Municipal Corporation, to study the issues… and to submit a report to this Court as regards the long term solutions. the group must function without being subjected to populist measures if a long-term scientific solution is to be found. The work shall not be delegated by either of the officers in the study group.”

“The Study Group will submit a preliminary report, outlining the areas that need to be addressed, within a period of four weeks…The report be filed through the Principal Secretary to the Government, Local Self Government Department.”

“Post on 27^th October 2025

Advocates Representing the Parties

For the Petitioners: M/S. Jacob Mathew Manalil, Priya Elizabeth Babu & Hrishikesh Jayasarman, Advocates

For the Respondents: Sri. Sujith Mathew Jose, Standing Counsel; Sri. T. Naveen, Standing Counsel; Sri. P. Ramakrishnan, Amicus Curiae; Sri. V. Tekchand, Senior Government Pleader

Case Title: Apartment Owners Apex Association (Kerala) v State of Kerala and Others
Case Number: WP(PIL) No.124 of 2025
Bench: Justice Nitin Jamdar, Justice Basant Balaji