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Judgment
J. Chelameswar, C.J.—The writ petition is filed with the prayers as follows:
i) Issue a writ of mandamus, directing the respondent No. 4 (Kasargode Municipality) to take and implement a modern and a permanent waste and waste water disposal system and a plant in the Kasargode Municipal area and in its surroundings for disposal of waste materials and to ensure that no shop owners including the Hotel, Lodge, Hospitals, Barbar shops, slaughter shops, any commercial or non-commercial establishments and private individuals shall not be allowed any control over any building or land or drainage to become the public place and public drainage offensive and to dump or flow their wastes and waste waters into it or obstruct the flow of draining in any manner injuring the natural flow of drain or to interfere with the free flow of its contents as offensive, dangerous, nuisance, prejudicial to the public health.
ii) Issue a writ of mandamus, directing the respondent No.4 (Kasargode Municipality) to take and implement a modern and a permanent proper system of collection, transportation, segregation, storage, processing and disposal of wastes from all the shops, residential and non-residential buildings, commercial and non-commercial buildings and
iii) Issue a writ of mandamus, directing the respondent No.4 (Kasargode Municipality) to clean the drainage periodically and remove the wastes contained if any in the public drainage and to pump-out Saltwater and insecticides therein
Various allegations of maladministration by the Kasargode Municipality are made in the writ petition to establish the right of the petitioner in public law to the reliefs extracted above. The petitioner is the President of an organisation which is supposed to be fighting the litigation purely in public interest.
Though the writ petition is purportedly filed in public interest with grievances against the Kasargode Municipality, the Kasargode Municipality is not made a party to the writ petition. u/s 5 of the Kerala Municipality Act, every Municipality is a body corporate which is capable of sued or being sued in its corporate name and therefore in the absence of necessary party, we are of the opinion that no effective relief can be given in the writ petition. The Writ Petition is therefore dismissed at the admission stage.