The Environmental Protection Agency was prosecuting two State bodies in relation to leaded pipes in a Tralee housing estate, a court was told on Wednesday.

St Brendan’s Park in Tralee, comprising a 1950s housing estate of 250 residences has seen major protests against water charges because of lead piping. Yesterday the court was told work was now underway.

One leg of the State was suing two other legs, the judge remarked yesterday after the Environmental Protection Agency summonsed both Kerry County Council and Irish Water to Tralee District Court over the same matter.

The council had failed to complete replacement of lead distribution mains pipes at St Brendan’s Park, Tralee in the period between December 25th and December 31st, 2013 and Irish Water had failed to do so in the period February to June 2014, according to the EPA.

Solicitor for the council, Noirín O’Connor told judge James O’Connor the direction from the EPA was to carry out works and she was happy to report that these were now underway.

Judge O’Connor said it seemed to him that “one leg of the State was suing two legs of the State”.

Judge O’Connor asked why the EPA wanted the case to go for hearing since the remedial works it was seeing were being done now.

Ms O’Connor said she completely agreed but it was up to the EPA who were the prosecutor.

Judge O’Connor said he couldn’t see why there should be a hearing fixed and he adjourned it for mention only to December 17th.