Madras High Court
M.Suresh vs The District Collector on 26 July, 2023
Author: P.D.Audikesavalu
Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu
W.P.No.11569 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.11569 of 2023
M.Suresh .. Petitioner
Vs.
1. The District Collector
Chennai District
Singaravelar Maligai
Chennai 600 001.
2. The District Environmental Engineer (TNPCB)
Tamil Nadu Pollution Control Board
No.950/1, 1st Floor
Poonamallee High Road
Arumbakkam, Chennai 600 106.
3. The President
Tamil Nadu State Coastal Zone
Management Authority
Environment & Forest Department
Secretariat, Chennai 600 009.
4. The Director
Environment Department
Panagal Maligai
Chennai 600 015.
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W.P.No.11569 of 2023
5. The Commissioner
Greater Chennai Corporation
Rippon Building, Chennai. ..
Respondents
[R5 suo motu impleaded vide
order dated 17.04.2023]
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents to act upon
petitioner representations dated 30.04.2022 and 10.02.2023 by
initiating measures for removal of construction waste, debris,
untreated effluents, industrial waste dumped along the coastal areas
from Bharathiyar Nagar Thiruvottiyur to Tollgate North Chennai.
For the Petitioner : Mr.V.Subramaniyan
For the Respondents : Mr.P.Muthukumar
State Government Pleader
Assisted by
Mrs.R.Anitha
Special Government Pleader
for Respondents 1, 3 & 4
Mrs.A.Shanmugavalli Sekar
for Respondent-2
Mr.A.Arunbabu
for Respondent-5
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.V.Subramaniyan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.11569 of 2023 assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1, 3 and 4, Mrs.A.Shanmugavalli Sekar, learned counsel for the second respondent and Mr.A.Arunbabu, learned counsel for the fifth respondent.
2. The prayer is made for a direction against the respondents to initiate measures for removal of construction waste, debris, untreated effluents, industrial waste dumped along the coastal areas from Bharathiyar Nagar, Thiruvottiyur to Tollgate, North Chennai.
3. On 05.07.2023, we had observed that the District Environmental Engineer, Tamil Nadu Pollution Control Board has filed a status report. The status report states that coastal stretch of 4.2 km from Bharathiyar Nagar Beach to Tollgate was inspected by the officials of the second respondent on 06.06.2023 and it was found that construction and demolition waste was found dumped along the eastern side of the road and no industrial waste was dumped.
4. We had recorded the statement of learned counsel for the Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.11569 of 2023 fifth respondent that the said stretch comes within the purview of five Divisions. As far as the stretch within two Divisions is concerned, the construction and demolition waste has been removed. The construction and demolition waste in respect of the remaining three Divisions is not removed.
5. Today, a status report is filed by the Secretary, Chennai Corporation. The same suggests that in respect of the remaining Divisions, the process is on to remove the construction and demolition waste/debris and the same would be removed within three weeks.
6. We accept the said statement and record the undertaking that the construction waste and debris would be removed. As per the said status report, 528 MT of waste has been removed.
7. The Corporation shall also, thereafter, continuously monitor it and observe that no further construction waste and debris be placed in the said area and if the construction and demolition waste is found, Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.11569 of 2023 action be taken against the erring persons.
8. With these observations, the writ petition is disposed of.
There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
26.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The District Collector
Chennai District
Singaravelar Maligai
Chennai 600 001.
2. The District Environmental Engineer (TNPCB) Tamil Nadu Pollution Control Board No.950/1, 1st Floor Poonamallee High Road Arumbakkam, Chennai 600 106.
3. The President Tamil Nadu State Coastal Zone Management Authority Environment & Forest Department Secretariat, Chennai 600 009.
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4. The Director Environment Department Panagal Maligai Chennai 600 015.
5. The Commissioner Greater Chennai Corporation Rippon Building, Chennai.
Page 6 of 7https://www.mhc.tn.gov.in/judis W.P.No.11569 of 2023 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) W.P.No.11569 of 2023 26.07.2023 Page 7 of 7 https://www.mhc.tn.gov.in/judis