In a batch of petitions concerning pollution in Kerala’s Periyar river, particularly its tributary Kuzhikandam thodu, the Centre on Thursday informed the Kerala High Court that it has granted permission for the establishment of an Effluent Treatment Plant (ETP).

A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha, which has been monitoring measures to remediate Kuzhikandam thodu, was told that the Ministry of Chemicals and Fertilisers, through an order dated December 15, 2025, has permitted the Kerala government to use 75 cents of land at Udyogamandal belonging to Hindustan Insecticides Limited for setting up a temporary ETP. The permission has been granted for a period of 10 years.

Central government counsel C Dinesh filed a memo placing the ministry’s order on record. Senior Government Pleader S Kannan also informed the court that the Special Secretary of the state Environment Department has submitted a report confirming the Centre’s approval.

Appearing for the Kerala State Pollution Control Board, standing counsel T Naveen submitted that steps would be initiated to commence construction of the ETP after identifying the competent authorities and the required area. He assured the Bench that periodic action-taken reports would be filed before the court.

However, the Bench observed that Kuzhikandam thodu cannot be viewed in isolation, as it forms part of the larger and continuing pollution of the Periyar river. Referring to earlier Pollution Control Board reports, the court noted that the polluted condition of the river stands virtually confirmed.

“It is without doubt, as is the common case, which is virtually confirmed by the Pollution Control Board also through their earlier reports, that river Periyar still remains polluted and contaminated on account of various factors,” the court observed.

The Bench reiterated that it has consciously refrained from fixing responsibility on any single entity, holding that the primary obligation to ensure clean and pure water rests with the government. “If there are any entities or agencies causing pollution or having the potential to do so, it is for the competent authorities to intervene and take necessary action,” the court said.

Referring to its earlier orders, the court noted that responsibility for the river has already been placed with a high-level authority until a more effective solution is evolved. The Bench again stressed the need for a unified authority for the Periyar, expressing concern that the State continues to seek time on the issue.

“We do not know how many orders it will take for us to point out that the river Periyar is the most invaluable treasure for the citizens of Kerala. Any contamination of the river will cause untold misery and cataclysmic consequences for countless citizens of the State,” the court remarked.

As a High-Level Committee is already in charge of the river, the court directed it to take a comprehensive view of all contributing factors, including Kuzhikandam thodu, in accordance with existing judicial directions. The government was also directed to ensure that the committee is enabled to function effectively and place a detailed report before the court.

During the hearing, the Pollution Control Board informed the court that it has nearly ₹60 crore available for the project, but the Centre’s share — around 40% of the total requirement — has lapsed. The Bench directed the Central government counsel to obtain instructions and report back by the next posting.

Separately, counsel Sri Kuriakose, appearing for some of the petitioners, submitted that the Kerala University of Fisheries and Ocean Studies (KUFOS) has been impleaded in the case and that reports on pollution’s impact on aquatic life should be placed on record. Standing counsel for KUFOS assured the court that existing studies would be produced and that further reports would be filed if required.
(With LiveLaw inputs)