The Kerala High Court has issued a decisive order urging the Central Government to clarify its stance on utilizing or constructing an Effluent Treatment Plant (ETP) to combat pollution in the Periyar River. The directive focuses on the “Kuzhikandam Thodu,” a critical segment of the river, emphasizing collaboration between state and central authorities to resolve long-pending environmental concerns.
Background of the Case
The Association of Green Action Force filed a writ petition (WP(C) No. 31236/2023) seeking judicial intervention to address industrial pollution affecting the Periyar River. Respondents included the Union of India, Kerala State Government, pollution control boards, and industries like Hindustan Insecticides Limited (HIL) and Fertilizers and Chemicals Travancore Ltd. Petitioners highlighted untreated effluents contaminating the river, endangering ecosystems and public health.
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A Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha noted that resolving pollution in the Kuzhikandam Thodu is pivotal for restoring the Periyar River. The Kerala Government proposed two solutions: repurposing HIL’s defunct ETP or constructing a new facility on 75 cents of leased land from HIL. However, the Central Government had not responded to these proposals since 2021.
“We have no doubt that if ‘Periyar’ is to be purified to the extent possible, ‘Kuzhikandam Thodu’ will have to be tackled first… The Governments must act in consonance for public cause, not excuses.”
The Bench criticized the three-year delay in addressing the issue, referencing unanswered communications between 2021 and 2024. It directed the Central Government’s Secretary (Department of Chemicals and Petrochemicals) to formally respond to Kerala’s proposals by March 14, 2025. Additionally, the Kerala Government must convene a High-Level Committee to review a recent environmental report and submit recommendations by the same deadline.
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The Periyar River, vital for drinking water and irrigation in Kerala, has suffered prolonged contamination from industrial discharge. The Court stressed that ensuring its cleanliness is “absolutely unexpendable,” urging swift action.
Justice Ramachandran:
“Citizens deserve a clean Periyar. Procrastination is no longer tolerable.”
The Bench also supported creating a Unified Authority to oversee river maintenance, a proposal under active consideration by the Kerala Government.
The case is adjourned to March 14, 2025, though parties may request an earlier hearing if urgent.
Case Title: Periyar Malineekarana Virudha Samithi v State Of Kerala & Connected Matters
