Madras High Court
K.Karthikeyan vs The District Collector on 18 September, 2020
Bench: M.M.Sundresh, R.Hemalatha
W.P. No 11008 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE R.HEMALATHA
W.P.No. 11008 of 2020
K.Karthikeyan .. Petitioner
Vs.
1.The District Collector,
Tiruvallur District,
Master Plan Complex,
Tiruvallur – 602 001.
2.The Tahsildar,
Tahsildar Office, Tiruvallur District,
Tiruvallur – 602 001.
3.The Block Development Officer,
No.363/68,
Villivakkam Panchayat Union Office,
Tiruttani Road, NH – 205,
Dobhi Colony,
Kamarajapuram, Ambattur,
Chennai – 600 053. .. Respondents
Writ petition filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus directing the respondents to
remove tons of garbage accumulated in Jayalakshmi Nagar in
Vanagaram Panchayat, Mettukuppam, Chennai 600 095 based on the
representation of the petitioner dated 12.06.2020.
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W.P. No 11008 of 2020
For Petitioner .. B.Sridhar
For Respondents .. Ms. RJ.Radhika,
Government Advocate
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition with the grievance that the garbage is being dumped nearby his residence in Survey Nos.131/7 and 131/8 and therefore the same will have to be cleared based upon the representation made on 12.06.2020.
2.In the counter affidavit filed by the third respondent, it is stated that there is no garbage that is being dumped in Survey Nos.131/7 and 131/8. What is being kept in Survey No.289/1 is by way of collection. The garbage after collection is being taken to the Kodungaiyur Garbage Yard as per the proceedings of the Collector dated 29.12.2016. Even the garbage accumulated in Survey No.289/1 is removed. Further, a decision has already been taken as per G.O.Ms.No.15 RD & PR Department dated 07.01.2017 to construct micro composting centre at Vanagaram Panchayat. Necessary administrative sanction has also been obtained by the proceedings of Page 2 of 5 http://www.judis.nic.in W.P. No 11008 of 2020 the Collector dated 05.03.2020.
3.In the light of the above, the writ petition stands disposed of by directing the respondents to use S.No.289/1 only as collecting point. Once the garbage is collected, the same will have to be taken and dumped only at Kodungaiyur Garbage Yard. If any garbage is available without being removed, the same shall be removed from S.No.289/1. We note that no garbage is dumped at S.Nos.131/7 and 131/8.
4.The respondents shall proceed with the Government Order passed in G.O.Ms.No.15 RD & PR Department dated 07.01.2017 and pursuant to the sanction order granted by the first respondent dated 05.03.2020 towards construction of the micro composite centre. The aforesaid construction will have to be completed within a period of one year from the date of receipt of a copy of this order. Needless to state that 85 cents available in Survey No. 289/1 will have to be utilized for the aforesaid purpose. No costs.
(M.M.S., J.) (R.H., J.) 18.09.2020 Page 3 of 5 http://www.judis.nic.in W.P. No 11008 of 2020 Index:Yes/No mmi/ssm To
1.The District Collector, Tiruvallur District, Master Plan Complex, Tiruvallur – 602 001.
2.The Tahsildar, Tahsildar Office, Tiruvallur District, Tiruvallur – 602 001.
3.The Block Development Officer, No.363/68, Villivakkam Panchayat Union Office, Tiruttani Road, NH – 205, Dobhi Colony, Kamarajapuram, Ambattur, Chennai – 600 053.
Page 4 of 5http://www.judis.nic.in W.P. No 11008 of 2020 M.M.SUNDRESH, J.
and R.HEMALATHA,J.
mmi/ssm W.P.No. 11008 of 2020 18.09.2020 Page 5 of 5 http://www.judis.nic.in