Madras High Court
Thirupuvanam Nelmudikarai vs The District Collector on 9 July, 2021
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, S.Ananthi
W.P.(MD)No.11474 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.11474 of 2021
and
W.M.P.(MD).No.9002 of 2021
Thirupuvanam Nelmudikarai
Pasana Vivasaigal Sangam,
Rep by its President,
S.Selvam,
S/o.Sundarrajan,
Thirupuvanam Taluk,
Sivagangai District. ... Petitioner
Vs.
1.The District Collector,
O/o.The District Collector,
Sivagangai District.
2.The Assistant Director of Panchayats,
O/o.The Assistant Director of Panchayats,
Sivagangai,
Sivagangai District.
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W.P.(MD)No.11474 of 2021
3.The Revenue Divisional Officer,
O/o.the Revenue Divisional Office,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Thirupuvanam Taluk,
Sivagangai District.
5.Thirupuvanam Town Panchayat,
Rep by its Executive Officer,
Thirupuvanam,
Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, to forbear the
respondents 1 to 5 from setting up the Garbage Dumping yard in
Survey Nos.22 situated at Valayanenthal Village, Thirupuvanam
Taluk, Sivagangai District within the prohibited Area as specified in
Schedule I (A)(vii) of Solid Waste Management Rules, 2016.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents
Nos. 1 to 4 : Mr.A.K.Manickam
Standing counsel for Government
For Respondent No.5 : Mr.S.Krishnan
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W.P.(MD)No.11474 of 2021
ORDER
************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.
2.Heard Mr.T.Lajapathi Roy, learned Counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government appearing for respondents 1 to 4 and Mr.S.Krishnan, learned Counsel appearing for the fifth respondent.
3.This Writ Petition has been filed seeking to forbear the respondents 1 to 5 from setting up the garbage dumping yard in Survey No.22 situated at Valayanenthal Village, Thirupuvanam Taluk, Sivagangai District within the prohibited area as specified in Schedule I (A)(vii) of Solid Waste Management Rules, 2016.
4.The petitioner's grievance is that the fifth respondent town panchayat is proposing to set up a garbage dump yard in Survey No.22, Valayanenthal Village, which is classified as Kalam and according to the petitioner in terms of Solid Waste Management https://www.mhc.tn.gov.in/judis/ 3/6 W.P.(MD)No.11474 of 2021 Rules, 2016, it is a prohibited area.
5.Learned Counsel for the fifth respondent, on instructions, from the Executive Officer submitted that no final decision has been taken to locate the garbage dump yard in the said area and only inspections were conducted, because as per the directions of the Hon'ble Supreme Court that solid waste management system should be adopted in all the local bodies and without the approval of the District Collector, the garbage dump yard will not be located and it will be located in accordance with the provisions of the Solid Waste Management Rules. The said submission is placed on record.
6.The learned Government Counsel, on instructions, submitted that the authorities are in the look out for a different site. This submission is also placed on record.
7.With the above observation, this Writ Petition is disposed of. However, there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
09.07.2021
Index : Yes / No
Internet: Yes / No
https://www.mhc.tn.gov.in/judis/ 4/6 W.P.(MD)No.11474 of 2021 MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, O/o.The District Collector, Sivagangai District.
2.The Assistant Director of Panchayats, O/o.The Assistant Director of Panchayats, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, O/o.the Revenue Divisional Office, Sivagangai, Sivagangai District.
4.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.
5.The Executive Officer, Thirupuvanam Town Panchayat, Thirupuvanam, Sivagangai District.
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and S.ANANTHI., J.
MR ORDER MADE IN W.P.(MD)No.11474 of 2021 09.07.2021 https://www.mhc.tn.gov.in/judis/ 6/6