Complaint to Collector, CPC, SHO

To

The Ernakulam District Collector,

The Kochi City Police Commissioner,

SHO, Infopark Police Station

15 March 2023

Kochi

Reference 1 :  The High Court of Kerala order dated 13th March 2023 in WP(C) No. 24380 of 2016 and WP(C) No. 36204 of 2018.

Reference 2 : Status Report filed by Chief Environmental Engineer, Ernakulam, KSPCB in OA No. 276/2017 (SZ) at NGT.

Subject: Petition regarding offences committed at Brahmapuram Waste Dumping Site by Kochi Municipal Corporation officials and contractors.

The fire at the waste dumping site and smoke that spread across the Greater Kochi region from Brahmapuram Waste Dumping Site in the months of February and March 2023 is well known to you. Large areas of Ernakulam district and millions of people are directly affected  by the harmful and poisonous gas emissions from the fire, especially from burning of various types of plastics and hazardous waste. A death is reported from Vazhakala, Thrikkakara Municipality from inhaling the poisonous gases spread from the waste dumping site. Large number of people sought medical aid due to exposure to the gases from the site that reached homes, work spaces and public spaces in the greater Kochi region.

Your attention is brought to Reference 1 in which The High Court of Kerala has found that there is no facility as defined under the Solid Waste Management Rules 2016 at Brahmapuram.

Your attention is brought to Reference 2 in which the Chief Environmental Engineer has elaborated the violations by Kochi Municipal Corporation officials and its contractors since 2008 at Brahmapuram.

From the findings in the references mentioned above and other facts it is clear that the Kochi Municipal Corporation officials and their contractors are engaged in illegal operations at Brahmapuram repeatedly and intentionally. They are well aware that their actions will result in air, water and environmental pollution and will cause fire and other hazards and poisoning of air and water in the region surrounding the dumping site at the banks of Kadambrayar river. These officials have actively engaged in conspiracy to dispose off the waste collected at Brahmapuram by burning the waste and dumping the waste into Kadambrayar river.

Therefore, the actions of Kochi Municipal Corporation Chairman Mr. Anil Kumar, Health Standing Committee Chairman, Mr. T. K. Ashraf, other members of the Health Standing Committee such as Mr. Antony Kureethara, Kochi Municipal Corporation Secretary and other officials, contractors of Kochi Municipal Corporation engaged in transport and dumping of waste at Brahmapuram have committed offenses under IPC 308, IPC 304, IPC 336, IPC 269, IPC 278, IPC 285, Kerala Police Act Section 120(e).  These are offences committed by the said officials apart from the violations under Solid Waste Management Rules and other applicable laws.

This petition is filed before your office to register FIR and initiate investigation to prosecute the above officials for the crimes committed.

Attachment 1  Reference 1.

Attachment 2  Reference 2 and other relevant findings of Kerala State Pollution Control Board.

Regards

Nipun Cherian

President, V4 Kochi

നിപുൺ ചെറിയാന് 

പ്രസിഡന്റ്, V4 കൊച്ചി.

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