The Kerala High Court disposed of a Public Interest Litigation (PIL) filed demanding the respondents authorities to immediately make the constructed toilet block at Thumboormozhi Butterfly Garden accessible and operational for the visiting tourists.
The PIL filed by Sunil Kumar Karapattom further prayed to conduct a thorough inquiry into the negligence and apathy displayed in the non-availability of essential facilities at the said tourist spot and take appropriate action against the responsible authorities.
In response to the notice and the direction issued by the court, the 3rd respondent (the Kerala Housing Board Corporation) has filed a counter affidavit dated 18.10.2023 and an additional counter affidavit dated 28.10.2023. In the additional counter affidavit, it has been specifically stated by the Assistant Secretary and Liaison Officer of the 3rd respondent that the toilets are now functioning.
Though these affidavits are filed, the Advocate for the petitioner would submit that the toilets are open only for a temporary period. He, therefore, requests to keep this matter pending as he intends to join the Destination Management Committee as a party.
In the absence of any material to establish that the toilets are open only for a temporary period, the Division Bench of Chief Justice A. J. Desai and Justice V.G.Arun did not want to keep this matter pending.
However, it is clarified by the Court that officials of the respondents shall periodically visit the Garden and ensure that the toilets are in working condition.