Madras High Court
K.Karthikeyan vs The District Collector on 25 November, 2021
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
W.P. No.24601 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
W.P. No.24601 of 2021 and
W.M.P.No.25869 of 2021
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
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus directing the
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W.P. No.24601 of 2021
respondents to remove tons of garbage accumulated in Survey No.289/1
situated at Jayaram Nagar in Vanagaram Panchayat, Mettukuppam,
Chennai 600 095 based on the representation of petitioner dated
27.08.2021.
For Petitioner : Mr.B.Sridhar
For Respondents : Mrs.Akila Rajendran
Government Advocate (RR 1 & 2)
: Mr.U.Bharanidharan
Addl. Government Pleader (for R3)
ORDER
The prayer sought for herein is for a writ of mandamus directing the respondents to remove tons of garbage accumulated in Survey No.289/1 situated at Jayaram Nagar in Vanagaram Panchayat, Mettukuppam, Chennai 600 095 based on the representation of petitioner dated 27.08.2021.
1. The petitioner is a resident of a place called Jayalakshmi Nagar, Vanagaram, Mettukuppam, Chennai 600 0095. According to the petitioner, there are 500 houses and more than 2000 people living in the said Jayalakshmi Nagar, and Jayaram Nagar. 2. 2/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021
3. Nearby the petitioner's residential locality in S.No.289/1 which is a Government Poramboke land, the respondent Panchayat viz., Vanagaram Panchayat dumping the garbage and for several days, they kept there without removing the same, therefore, that become not only a nuisance but also lead to several health hazards issue.
4. Therefore, in order to settle the said issue, the petitioner already approached this Court and filed a writ petition by way of Public Interest Litigation in W.P.No.11008 of 2020, where, the prayer sought for a writ of mandamus directing the respondents therein 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.
5. The said writ petition was disposed by a Division Bench of this Court by order dated 18.09.2020, where, the Division Bench has passed the following order:
"The petitioner has come forward to file this writ petition with the grievance that the garbage is being dumped 3/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 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 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 4/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 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."
6. Though such an order was passed by the Division Bench, according to the petitioner, the respondent Panchayat has not been using the said land i.e., S.No.289/1 only as a collection centre, but using it as a permanent garbage dumping yard, where, they kept it dumped for more than two weeks and thereafter only they slowly remove it and in the meanwhile, all the health issues, that were projected by the petitioner and other residences still erupts, which therefore in order to put a full stop to 5/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 the menace, according to the petitioner, he has once again given a representation to the respondents on 27.08.2021. However, the said representation also since has not been considered, he has approached this Court by filing the present writ petition.
7. Reiterating the aforesaid, the learned counsel for the petitioner would submit that, the land in question which is a Government Poramboke land if at all is handed over to the respondent Panchayat for construction of a micro composting centre, that should have been constructed by this time. However, so far that has not been constructed stating the reason that, there has been some objections from the local people.
8. Moreover, there is no empty land available as claimed by the Panchayat in the said Survey number as most of the area in the said survey number has already been in occupation or encroachment of various individuals against whom though notice under Section 6 of the Act, 1905 was issued, no such removal of encroachment has taken place. 6/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 Therefore, in practical, the vacant place at S.No.289/1 is being used as the permanent garbage yard dumped by the respondent Panchayat, therefore, a direction sought for in this writ petition may be issued, he contended.
9. Heard Mr.U.Bharanidharan, learned Additional Government Pleader for the 3rd respondent and Mrs.Akila Rajendran, learned Government Advocate appearing for respondents 1 and 2. The learned Additional Government Pleader, on instruction, would submit that, insofar as the construction of micro composting centre at S.No.289/1 is concerned, though initially the administrative sanction was given in this regard, it was subsequently cancelled, again such a sanction was given and when an attempt was made to make the estimate to have the construction of that yard, since there has been a stiff opposition of residences from the local people, that could not be materialised. However, subsequently, when attempt was made during Covid-19 second wave, the said construction project could not be started and therefore, if further time is given, certainly, that composting centre would be 7/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 constructed and once the composting centre is constructed, the entire garbage would be processed scientifically and there would be no menace as alleged by the petitioner side and therefore, till such time, as directed by the Division Bench in their order, the said land at S.No.289/1 would be utilised only as a collecting point or centre from where the garbage being collected would be evacuated to the Kodungaiyur Garbage Yard on regular basis. Therefore, the learned Additional Government Pleader would seek indulgence of this Court to dispose this writ petition by passing an appropriate order in this regard.
10. I have considered the said submissions made by the learned counsel appearing for the parties and perused the materials placed before this Court.
11. As has been rightly pointed out by the learned Additional Government Pleader appearing for the 3rd respondent, already the petitioner has approached this Court by filing the writ petition, as stated supra in W.P.No.11008 of 2020, where, order has been passed on 18.09.2020, which has been quoted herein above. 8/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021
12. In the said order, the Division Bench has stated by giving a direction to the respondents i.e., the Local Panchayat to use S.No.289/1 only as a 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.131/7 and 131/8.
13. According to the 3rd respondent, the said direction given by the Division Bench is correctly followed without fail and very often or every day or alternative days depending upon the collection of the garbage, the same is being removed from the said place to the Kodungaiyur Garbage Yard by using tipper lorries.
14. In this regard, a report also has been sent by the 3rd respondent to the learned Government Pleader dated 22.11.2021 which has also been filed before this Court, where, the 3rd respondent has stated the following:
"Moreover the garbage collected from various places are dumped in several collection points as per the amount of garbage collected and sent through tipper lorries to 9/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 Kodungaiyur yard and the said collection/ carrying to the main yard is done every day. As per the complaint from the local residents from Jayaram Nagar, one of the collection point situated in survey no.289/1, meikkal poramboke (surrounded by Industrial Zone) and as per the Hon'ble Court's direction in W.P.No.11008 of 2020 filed by the same petitioner Thiru.K.Karthikeyan, garbages were fully cleared.
As per Collector, Tiruvallur Proceeding
R.C.No:341/2020/A5, dated 05.03.2020, necessary
sanction for construction of micro composting center at Vanagaram Panchayat was accorded at an estimate of Rs.24.00 lakhs to convert Bio - degradable waste as compost manure which will help dispose the garbage and lead to sustainable development. As per the above orders, the site for micro composting center was identified at survey no.289/1, meikkal poramboke (surrounded by Industrial Zone) at the Jayaram nagar with extend of 85 cents and initiation to construct a MCC shed with compost tubes, water receiving platforms, stabilization area MCC machinery was carried out. Due to the outbreak of COVID
- 19 and implementation of Lockdown, the construction work was delayed. Further the public in the area protested against the construction of MCC in Jayaram nagar area 10/14 https://www.mhc.tn.gov.in/judis W.P. No.24601 of 2021 and the petitioner filed W.P.No.11008 of 2020 to stall the Micro Composting center works with malafide intention. It is also submitted that we are striving to construct the Micro Composting center at survey no.289/1, Meikkal Poramboke at the Jayaram nagar by overcoming the local difficulties and public protest.
The garbage collection and transportation vehicle charges and the rent for dumping garbage at Chennai Corporation Kodungaiyur yard are paid by the Vanagaram Village Panchayat to the tune of Rs.2360/- per MT which is a heavy expenditure for the Panchayat which is a Rural Local Body whose major source of revenue is the State Finance Commission's Grant and the House tax collection from the Households of the Panchayats. Owing to the situation, the District Collector, Tiruvallur has also diverted funds from 15th central finance commission grant (R.C.No:3065/2016/A7 dated: 13.08.2021) for expenditures against dumping of Garbage in Kodungaiyur Yard by Vanagaram Village Panchayat.
Due to the difficulties faced by the administration, a time extension may kindly be granted by the Hon'ble Court for the construction of Micro Composting center at survey no.289/1.
This is for kind information and further action."11/14
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15. In view of the said stand taken by the 3rd respondent where they are going to use the place i.e., S.No.289/1 only for the purpose of collection centre for the present till the composting centre is constructed, for which, according to them, sanction has been given and an estimate of Rs.24 lakhs has already been sanctioned.
16. Since the Division Bench has already seized of the matter and also had given a direction by passing the final order in the year 2020 itself whereby direction was given to the Local Panchayat i.e., the 3rd respondent and the Village Panchayat concerned to use the land in question i.e., S.No.289/1 only as a collection centre and whenever the garbage is collected there, that should be then and there evacuated to the Kodungaiyur Garbage Yard and if that is being taken place on regular basis, there can be no quarrel as to the functioning of the said place only as a collection centre.
17. Since the said order has come only in the writ petition filed by the petitioner, it is binding on the petitioner also, assuming that, it is a judgment in personam.
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18. When that being so, the present plea raised by the petitioner for whatever reason cannot be entertained and accordingly, no further direction need to be issued to the respondents as sought for in the present writ petition, of course, based on the representation of the petitioner dated 27.08.2021.
19. In that view of the matter, this Writ Petition is disposed of by observing the aforesaid. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
25.11.2021 Index: Yes/No Speaking Order: Yes/No Sgl 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.
4.The Government Advocate, High Court, Madras.
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Sgl W.P.No.24601 of 2021 25.11.2021 14/14 https://www.mhc.tn.gov.in/judis