Challenging the TS Canal Tourism Project: Kerala High Court Seeks Comprehensive Affidavit from State Government
Reported in Malayala Manorama | October 2026
In a public interest matter concerning environmental protection, public safety, and the rights of local residents, Belverdia Legal LLP approached the Hon’ble High Court of Kerala challenging the unregulated establishment of tourism, amusement, and water-villa/water-hub projects along the historic T.S. (Thiruvananthapuram–Shoranur) Canal.
Considering the petition highlighting the severe hardships caused to local inhabitants and the threat to fragile water bodies[cite: 12], a Division Bench comprising Hon’ble Mr. Justice V. G. Arun and Hon’ble Mr. Justice C. S. Sudha issued directives seeking a comprehensive affidavit from the State Government[cite: 12].
Background of the Litigation
The Government had issued orders to implement expansive water tourism projects—including water villas, amusement setups, and leisure hubs—stretching along the T.S. Canal corridor from Kottappuram to Kollam[cite: 12]. However, the development moved forward without adequately addressing rampant unauthorized encroachments, waste management crises, or the environmental carrying capacity of the canal[cite: 12].
Residents in the vicinity raised serious objections against executing such commercialized amusement and tourism activities in a manner that causes severe nuisance, environmental pollution, and disruption to daily life[cite: 12].
Key Concerns Raised Before the High Court
- Impact on Local Inhabitants: The establishment and hurried operationalization of commercial amusement and tourism infrastructure directly impinge upon the civic amenities and peaceful living of residents in the surrounding areas[cite: 12].
- Ecological Balance & Waste Management: Large-scale tourism projects inevitably generate municipal and commercial waste[cite: 12]. The Court specifically queried what concrete steps the authorities have taken to prevent waste and effluent dumping into rivers, backwaters, and canal stretches, and how ecological balance will be maintained[cite: 12].
- Unchecked Canal Encroachments: The petition brought to light that before creating recreational amenities, the priority must be clearing unauthorized encroachments along the canal banks and preserving public waterways[cite: 12].
- Pedestrian Safety & Construction Hazards: The proceedings also addressed dangerous encroachments on pedestrian pathways and the hazardous dumping of construction materials along adjoining roads, with the Court directing immediate clearing and stringent safety measures[cite: 12].
Directions Issued by the Division Bench
The High Court observed that commercial exploitation of waterways must not come at the cost of the environment or public safety[cite: 12]. The Division Bench has directed top government officials—including the Chief Secretary, Additional Chief Secretary (Water Resources), and Principal Secretary (Revenue)—to file a comprehensive affidavit detailing[cite: 12]:
- Measures in place to prevent waste dumping into water bodies and preserve ecological balance alongside tourism projects[cite: 12].
- Concrete actions initiated to identify and remove unauthorized encroachments along the T.S. Canal[cite: 12].
- Steps taken to resolve public grievances and safety concerns raised by the local residents[cite: 12].
Belverdia Legal LLP is proud to represent the petitioners before the Hon’ble High Court in safeguarding our natural water resources and protecting community rights against unchecked commercial exploitation[cite: 1, 12].
Case Update:
The Hon’ble High Court of Kerala has demanded an exhaustive affidavit from the State Government on waste disposal, encroachment removal, and environmental safeguards before proceeding with commercial tourism developments along the T.S. Canal[cite: 12].Represented by Belverdia Legal LLP, Advocates & Solicitors, Cochin[cite: 1].
