Safiya Malik

The Kerala High Court Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha directed the State Government and the Kerala State Pollution Control Board to expedite the establishment of an Effluent Treatment Plant (ETP) for the remediation of the Periyar River. The Bench was hearing a batch of petitions relating to industrial pollution affecting the river, particularly in Kuzhikandam Thodu, one of its tributaries.

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The Court examined the minutes of a meeting convened pursuant to earlier orders concerning the setting up of the ETP in the Kuzhikandam Thodu region. As per the minutes, the Government of Kerala, the Kerala State Pollution Control Board (KSPCB), and the company MELCOM were to inform the Government of India about the availability of land for the project. The Central Government sought clarification on whether 70 cents of land owned by Fertilizers and Chemicals Travancore Ltd. (FACT) could also be allocated for the same.

Recording the State’s submission, the Court noted that the Government of Kerala had agreed to respond to a letter from the Department of Chemicals and Petrochemicals, Government of India, dated October 22, 2025, after assessing the feasibility of land availability. The Bench directed all concerned parties to exchange their responses within seven days and to place all related correspondence before the Court on the next hearing date.

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Observing the urgency of coordinated inter-agency action, the Bench recorded that “Kuzhikandam Thodu — which admittedly is a hazardous zone now — may be polluting the Periyar River consistently and constantly because of it.” The Court directed the competent authority of the Pollution Control Board to conduct a proper scientific enquiry into the matter and propose technically sound methods to prevent contamination, with the report to be submitted before the next hearing.

The Bench also revisited its earlier direction on constituting an independent authority with powers over the management and protection of the Periyar River. Noting that no progress had been made, it observed: “As we have always been saying, this is not an issue which can be delayed since it deals with the life and sustenance of millions of people who survive on the waters of the river. We are without doubt we require to be told without any further delay as to how the authorities of Periyar River will be constituted and given life.”

The matter has been posted for further consideration on November 14.

Advocates Representing The Parites
For the 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.

For The 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.

Case Title: Periyar Malineekarana Virudha Samithi v. State of Kerala and Connected Matters
Case Number: WP(C) 996/2012 and Connected Matters
Bench: Justice Devan Ramachandran and Justice M. B. Snehalatha