Madras High Court
M.Karunakaran vs The District Collector on 22 July, 2019
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.20296 of 2018
and WMP No.33834 of 2018
M.Karunakaran ... Petitioner
Vs
1. The District Collector,
Dharmapuri District.
2. The Tahsildar,
Pappireddipatty,
Dharmapuri District.
3. The Commissioner,
Block Development Officer,
Pappireddipatty Taluk,
Dharmapuri District.
4. The District Environmental Engineer,
Tamilnadu Pollution Control Board,
Old No.64/A, New No.8, 1st Floor,
5th Cross Street, Appavu Nagar,
Dharmapuri - 636 701. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a writ of mandamus, directing the respondents to maintain the
Jemberi Lake located at Survey No.36 at Devarajapalayam - Mottur Village,
Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District as
waterbody and consequently refrain the respondents from dumping the solid
waster and to clear the solid waste available in the lake.
For Petitioner : Mr.J.Pradeep
http://www.judis.nic.in
2
For Respondents : Mr.E.Manoharan, (for R1 to R3)
Additional Government Pleader
Mr.Abdul Saleem (For R4)
Standing counsel for TNPCB
ORDER
(Order of this Court was made by S.Manikumar, J.) Contending inter alia that the respondents 1 to 3, are trying to reclassify a water body, in Survey No.36 at Devarajapalayam - Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, as dry land and consequently, to use it as graveyard and further contending that wastage is dumped in the said water body, representation has been sent on 20.06.2017 and despite receipt of the same, District Environmental Engineer, Tamil Nadu Pollution Control Board, Dharmapuri, 4th respondent has not taken any action, and hence, instant writ petition is filed for a writ of mandamus, directing the respondents to maintain the Jemberi located at Survey No.36 at Devarajapalayam - Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, as water body and consequently refrain the respondents from dumping the solid wastes and to clear the solid wastes, available in the lake.
2. Earlier when the matter came up on 07.08.2018, a Hon'ble Division Bench of this Court, has ordered notice.
http://www.judis.nic.in 3
3. On this day, when the matter came up for hearing, on the basis of the instructions in RC No.2379/2018/A2 dated 19.07.2019, furnished by the Commissioner, Block Development Office, Pappireddipatty Taluk, Dharmapuri District, Mr.E.Manoharan, learned Additional Government Pleader submitted that wastage alleged to have been dumped in Jemberi, has been removed. Learned counsel for the petitioner acknowledges the said submission. Insofar as allegation of reclassification of Jemberi located at Survey No.36 at Devarajapalayam-Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, learned Additional Government Pleader submitted that there are no materials substantiating the averments.
4. Heard the learned counsel for the parties and perused the materials available on record.
5. Admittedly, as per A-Register of Devarajapalayam-Mottur Village, S.No.36, measuring 9.72.0 Hectares, is a water body named Jemberi Lake. On the complaint received through e-mail from the petitioner, the District Environmental Engineer, Tamilnadu Pollution Control Board, Dharmapuri, 4th respondent in his letter No.Ka.Complaint/TNPCB/Dharmapuri/2017 dated .07.2017, has requested the Commissioner, Block Development Office, Pappireddipatty, 3rd respondent, to take necessary action. Letter http://www.judis.nic.in 4 dated .07.2017 of the District Environmental Engineer, Tamilnadu Pollution Control Board, Dharmapuri, 4th respondent, is reproduced.
Sir, Subject: - TNPCB, District Environmental Engineer, Dharmapuri -
Complaint Representation - Pappireddipatty Taluk - Garbage collected from all over the Gobinathampatti village Panchayat - being dumped in the Jemberi by the Village Local Panchayat without permission of the local bodies and burning the same - affecting the air and water sources - General Health - Action sought regarding dt. 20.06.2017.
Ref: Complaint received through email from Thiru M.Karunakaran, Mottur Village, Chinnankuppam Post, Pappireddipatty Post, Dharmapuri District.
In perusal of the reference cited complaint is seen that Garbage collected from all over the Gobinathampatti Village Panchayat being dumped in the Jemberi by the Village Local Panchayat without permission of the local bodies and burning the same affecting the air and water sources General Health and the Complaint is received in such regard.
Since the complaint relates to the Municipal Administration, the complaint is enclosed herewith for necessary action taken with regard to the complaint shall be duly intimated to this office and also the individual concerned.
Enclosure: Complaint represented Sd/-
District Environment Engineer, Tamilnadu Pollution Control Board, Dharmapuri.
6. Today, both the learned counsel for the parties submitted that the garbage collected and alleged to have been dumped in Jemberi, by the village local panchayat, has been removed. As regards the contention of reclassification of the portion of Survey No.36 at Devarajapalayam-Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, http://www.judis.nic.in there are no supporting materials, except petitioner's averment at 5 paragraph no.5 of the affidavit filed in support of this writ petition, wherein petitioner has contended as hereunder.
"The classification of waste based on the industrial and non-industrial categorization is failed to be maintained. This has also resulted in bio medical waste being disposed in the open yard. In order to carry on such illegal dumping in the yeri is tried to be reclassified as dry land and also steps are taken to convert such portion of yeri (Lake) as a Graveyard also."
7. As per the Board Standing Orders, revenue authorities are empowered to reclassify. Request, not to classify cannot be entertained, as the averments are not substantiated. Inasmuch as respondents have removed the waste, alleged to have been dumped, no further orders are required to be issued, in this writ petition, except to direct the respondents, not to dump waste, in the Jemberi and cause any pollution. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed.
[S.M.K., J.] [S.P., J.] 22.07.2019 Index: Yes/No. Internet: Yes Speaking / Non-speaking Order ars http://www.judis.nic.in 6 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars To
1. The District Collector, Dharmapuri District.
2. The Tahsildar, Pappireddipatty, Dharmapuri District.
3. The Commissioner, Block Development Officer, Pappireddipatty Taluk, Dharmapuri District.
4. The District Environmental Engineer, Tamilnadu Pollution Control Board, Old No.64/A, New No.8, 1st Floor, 5th Cross Street, Appavu Nagar, Dharmapuri - 636 701.
W.P.No.20296 of 2018 and WMP No.33834 of 2018
22.07.2019 http://www.judis.nic.in