Madras High Court
R.Kalyanaraman vs The Secretary To Government on 25 October, 2018
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.25717 of 2018
R.Kalyanaraman .. Petitioner
Vs.
1.The Secretary to Government,
Home Department
Fort St. George
Chennai - 600 009
2.The Tamil Nadu Pollution Control Board
Rep. by its Chairman
76, Mount Salai, Guindy
Chennai - 600 032
3.The District Collector
Tuticorin District
Tuticorin - 628 101 .. Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, for
a Writ of Mandamus, to direct the respondents to remove the Bio-medical
wastes which are dumped in Vallanadu Wildlife Sanctuary and direct the
respondents for an enquiry by an independent agency.
For Petitioner : Mr.G.Yuvaraj
For Respondents : Mr.T.N.Rajagopalan,
Govt. Pleader for R1 and R3
Mr.Abdul Saleem for R2
http://www.judis.nic.in
2
ORDER
(Order of the Court was made by S.MANIKUMAR, J.) Instant public interest litigation has been filed for a mandamus, directing the respondents to remove Bio-medical wastes, which are dumped in Vallanadu Wildlife Sanctuary and for a further direction to the respondents for an enquiry by an independent agency.
2. When the writ petition came up for admission on 01.10.2018, we passed the following order:
Contending inter alia that Bio Medical Wastes, is dumped in Vallanadu Wildlife Sanctuary, Srivaikundam Taluk, Tuticorin District, Srivaikundam Taluk, Tuticorin District, causing pollution and threat to health and hygiene of people and animals, petitioner, has submitted a representation dated 02.08.2018 to (i) the Secretary to the Government, Home Department, (ii) Tamilnadu Pollution Control Board, Chennai and (iii) the District Collector, Tuticorin District, to initiate investigation and take appropriate action against those who have dumped Bio Medical Wastes in Vallanadu Wildlife Sanctuary, Srivaikundam Taluk, Tuticorin District.
2. In the representations, petitioner has contended that Bio Medical Wastes dumped are illegally imported from foreign countries.
Further contending that said representation has not been answered, and no action taken, instant writ petition has been filed to direct the respondents to remove the Bio Medical Wastes which are dumped in Vallandu Wildlife Sanctuary, Srivaikundam Taluk, Tuticorin District and to direct the respondent, to conduct an enquiry by an independent agency.
3. On this day, when the matter came up for admission, on the basis of the instructions from the Sub Collector, Tuticorin, Mr.T.N.Rajagopalan, learned Government Pleader submitted that no sooner the petition dated 02.08.2018, was received by the District http://www.judis.nic.in Collector, Tuticorin, action has been taken by the Sub Divisional 3 Magistrate and Sub Collector, Tuticorin and that the petitioner has been directed to appear in person on 20.08.2018 at 11.00am, with relevant documents and proof, for enquiry. Forest Ranger, Vallanadu Wildlife Sanctuary, Keela Vallanadu, Srivaikuntam Taluk, Tuticorin District, was also directed to appear for the enquiry, on the said date and time.
4. Forest Ranger, Vallanadu Wildlife Sanctuary, Keela Vallanadu, Srivaikuntam Taluk, Tuticorin District, has submitted a report on 20.08.2018 stating that few loads of waste materials (like plastics) were dumped at Padmanabamangalam Village, located at 0.9kms away from Vallanadu Wildlife Sanctuary, Srivaikundam Taluk, Tuticorin District. Based on the report, vide letter dated 03.09.2018, Sub Divisional Magistrate and Sub Collector, Tuticorin, has directed the Inspector of Police, Srivaikuntam Police Station, to investigate and file FIR under relevant sections of IPC and the latter has been directed to submit a consolidated report. Sub Divisional Magistrate and Sub Collector, Tuticorin, has sent a copy of the said letter dated 03.09.2018 to the Deputy Superintendent of Police, Srivaikuntam Sub Division, Srivaikuntam.
5. Mr.T.N.Rajagopalan, learned Government Pleader further submitted that based on the report of the Forest Ranger, Vallanadu Wildlife Sanctuary, Keela Vallanadu, Srivaikuntam Taluk, Tuticorin District, dated 20.08.2018, Sub Divisional Magistrate and Sub Collector, Tuticorin, vide letter dated 03.09.2018 has also directed the Tahsildar, Srivaikuntam, to take requisite steps to remove the wastes in coordination with the concerned BDO and submit a consolidated report. Copy of the said letter dated 03.09.2018, addressed to Tahsildar, Srivaikuntam, has been marked to the BDO.
6. On the basis of the enquiry report, instructions to the Inspector of Police, Srivaikundam Police Station, Tuticorin District and the Tahsildar, Srivaikundam, Mr.T.N.Rajagopalan, learned Government Pleader submitted that action has been taken on the representation of the writ petitioner dated 02.08.2018. Letters stated supra are extracted.
Court of the Sub Divisional Magistrate http://www.judis.nic.in Thoothukudi 4
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Roc.No.B1/3205/2018 Sub Collector Office Thoothukudi Date:
09.08.2018.
ENQUIRY NOTICE Subject:- Bio-Medical Waste - Thoothukudi District -
Srivaikuntam Taluk - Vallanadu Village - Bio- medical waste from foreign countries dumped in the Vallanadu Wildlife Sanctuary - appear for enquiry with relevant documents and proofs - regarding.
Ref: - A petition dated 02.08.2018 received by the District Collector, Thoothukudi through e-mail id [email protected].
***** In the reference 1st cited, a petition regarding dumping of Bio- Medical waste from foreign countries in the Vallanadu Wildlife Sanctuary has been received in which you requested to conduct a detailed enquiry on the issue and to take necessary action to remove the waste. Hence, you are directed to appear personally in the office of the Sub Divisional Magistrate and Sub Collector, Beach Road, Thoothukudi on 20.08.2018 at 11.00 A.M. with relevant documents and proofs for enquiry.
Sub Divisional Magistrate and Sub Collector, Thoothukudi To
1. Thiru.R.Kalayanaraman, 232/218, Thambu Chetty Street, Chennai - 600 001.
(The enquiry notice to be sent to the petitioner by e-mail)
2. The Forest Ranger, Vellanadu Wildelife Sanctuary, Keela Vallanadu, Srivaikuntam - Taluk, Thoothukudi District - You are directed to appear for enquiry on the date and time specified above with relevant records.
Court of the Sub Divisional Magistrate Thoothukudi http://www.judis.nic.in ----------------------------------------------------------------------------------------
5Roc.No.B1/3205/2018 Sub Collector Office Thoothukudi Date:
03.09.2018.
Subject:- Bio-Medical Waste - Thoothukudi District -
Srivaikuntam Taluk - Vallanadu Village - Bio- medical waste from foreign countries dumped at Padmanabamangalam Village near Vallanadu Wildlife Sanctuary - instruct to file FIR under relevant sanctions and submit report
- regarding.
Ref: - 1. A petition dated 02.08.2018 received by the District Collector, Thoothukudi through e- mail id [email protected].
2. Enquiry report submitted by the Forest Range Officer, Vallanadu Wildlife Sanctuary dated 20.08.2018.
***** In the reference 1st cited, a petition regarding dumping of Bio- Medical waste from foreign countries in the Vallanadu Wildlife Sanctuary has been received. In the contrast, the Forest Range Officer, Vallanadu Wildlife Sanctuary submitted a report in the reference 2nd cited that few loads of waste materials (like plastics) were dumped at Padmanabamangalam Village which is located at about 0.9 km away from the border of Vallandau Sanctuary.
In view of the above, you are hereby directed to investigate the matter and file FIR under relevant sections of IPC and also submit a consolidate report in this regard. A copy of letter endorsed in the reference is enclosed herewith for taking necessary action.
Sub Divisional Magistrate and Sub Collector, Thoothukudi To Inspector of Police, Srivaikuntam Police Station, Thoothukudi - District.
Copy to:-
The Deputy Superintendent of Police, Srivaikuntam Sub Division, Srivaikutam.
Court of the Sub Divisional Magistrate Thoothukudi http://www.judis.nic.in ----------------------------------------------------------------------------------------6
Roc.No.B1/3205/2018 Sub Collector Office Thoothukudi Date: 03.09.2018.
MEMO Subject:- Bio-Medical Waste - Thoothukudi District -
Srivaikuntam Taluk - Vallanadu Village - Bio- medical waste from foreign countries dumped at Padmanabamangalam Village near Vallanadu Wildlife Sanctuary - instruct to do needful - regarding.
Ref: - 1.A petition dated 02.08.2018 received by the District Collector, Thoothukudi through e- mail id [email protected].
2. Enquiry report submitted by the Forest Range Officer, Vallanadu Wildlife Sanctuary dated 20.08.2018.
***** In the reference 1st cited, a petition regarding dumping of Bio- Medical waste from foreign countries in the Vallanadu Wildlife Sanctuary has been received. In the contrast, the Forest Range Officer, Vallanadu Wildlife Sanctuary submitted a report in the reference 2nd cited that few loads of waste materials (like plastics) were dumped at Padmanabamangalam Village which is located at about 0.9 km away from the border of Vallandau Sanctuary.
In view of the above, you are hereby directed to take requisite steps to remove the wastages on co-ordination with concerned BDO and submit a consolidate report in this regard. A copy of letter endorsed in the reference is enclosed herewith for taking necessary action.
Encl.: As above.
Sd/- M.S.Prasanth, Sub Collector, Thoothukudi /t.c.f.b.o./ Personal / Head Assistant To Tahsildar, Srivaikuntam Copy to:- Block Development Officer.
Revenue Administration, Disaster Management and Mitigation Department http://www.judis.nic.in 7 From To Thiru Government M.S.Prasanth, Pleader, I.A.S., Madras High Court, Sub Chennai.
Collector, Thoothukudi Roc.No.B1/3205/2018 dated 29.09.2018 Sir, Sub: Writ Petition 25717/2018 filed regarding Bio medical waste dumped in Padmanabamangalam Village in Srivaikuntam Taluk - Regarding.
Ref: A petition dated 02.08.2018 received by the District Collector, Thoothukudi through e-mail id [email protected] ****** With reference to Writ Petition 25717/2018 filed regarding bio medical waste dumped in Padmanabamangalam Village in Srivaikuntam Taluk, I wish to inform that a petition regarding dumping of bio- medical waste from foreign countries in the Vallanadu Wildlife Sanctuary was received in the ref 1st cited. The petitioner and the Forest Ranger, Vallanadu Wile Life Sanctuary, Keela Vallanadu were summoned to this office on 20.08.2018, but the petitioner did not turned up. The Forest Range Officer, Vallanadu Wildlife Sanctuary submitted a report that a few loads of waste materials (like plastics) were dumped at Padmanabamangalam Village which is located at about 0.9 km away from the border of Vallandau Sanctuary.
In view of the above, the Inspector of Police, Srivaikuntam was directed on 3.9.2018 to file FIR under relevant sections of IPC and investigate the matter and the BDO, Srivaikuntam in co-ordination with Tahsildar, Srivaikuntam was directed to take requisite steps to remove the waste.
Sub Collector, Thoothukudi
7. The Environment (Protection) Act, 1986 is an Act to provide for protection and improvement of environment and matter connected http://www.judis.nic.in therewith.
88. Section 15 of the Environment (Protection) Act, 1986 speaks about the penalty for contravention of the provisions of the Act and the Rules, orders and directions. Section reads thus.
15. (1) Whoever fails to comply with or contravenes or directions issued provision of this Act, or the rules made or order or decisions issued thereunder, shall, in respect of each failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in the case of failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for the term which may extend to seven years.
9. Section 16 of the said Act deals with the offences committed by companies. Section 16 is extracted.
"16. (1) Where any offence under this Act has been committed by a company, every person who at the time offence was committed, was directly in charge of and was responsible to the company for the conduct of the business of the company, as well as company shall be deemed to guilty of the offence and shall be liable to be proceeded against and punish accordingly;
Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in this sub-section (1) where an offence under this Act has been committed by company, such director, manager secretary or other officer of the company, such director, manager secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and http://www.judis.nic.in punished accordingly.9
Explanation.- For the purpose of this section,- (a) “company” means any body corporate and includes a firm and other association of individuals;
(b) “director” in the relation to a firm, means a partner in the firm."
10. Section 17 of the said Act deals with the offences committed by any Department of Government. Section is extracted.
17. (1) Where an offence under this Act has been committed by any Department of Government the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.
(2) Notwithstanding any thing contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that offence has been committed with the consent or convenience of, or is attributable to any neglect on the part of any officer other than Head of Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
11. In exercise of the powers conferred by Section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) and in supersession of the Bio-Medical Waste (Management and Handling) Rules, 1998, except as respects things done or omitted to be done before such suppression, the Central Government have framed Bio- Medical Waste Management Rules, 2016.
12. Rules defines Bio Medical Waste, duties of the occupier, duties of the operator of a common Bio-Medical Waste treatment and disposal facility. Rule 7 of the Bio-Medical Waste Management Rules, 2016 speaks about treatment and disposal and the same reads thus.
7. Treatment and disposal.- (1) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in http://www.judis.nic.in compliance with the standards provided in Schedule-II by the health 10 care facilities and common bio-medical waste treatment facility.
(2) Occupier shall hand over segregated waste as per the Schedule-I to common bio-medical waste treatment facility for treatment, processing and final disposal:
Provided that the lab and highly infectious bio-medical waste generated shall be pre-treated by equipment like autoclave or microwave.
(3) No occupier shall establish on-site treatment and disposal facility, if a service of common bio-medical waste treatment facility is available at a distance of seventy-five kilometer.
(4) In cases where service of the common bio-medical waste treatment facility is not available, the Occupiers shall set up requisite biomedical waste treatment equipment like incinerator, autoclave or microwave, shredder prior to commencement of its operation, as per the authorisation given by the prescribed authority.
(5) Any person including an occupier or operator of a common bio medical waste treatment facility, intending to use new technologies for treatment of bio medical waste other than those listed in Schedule I shall request the Central Government for laying down the standards or operating parameters.
(6) On receipt of a request referred to in sub-rule (5), the Central Government may determine the standards and operating parameters for new technology which may be published in Gazette by the Central Government.
(7) Every operator of common bio-medical waste treatment facility shall set up requisite biomedical waste treatment equipments like incinerator, autoclave or microwave, shredder and effluent treatment plant as a part of treatment, prior to commencement of its operation.
(8) Every occupier shall phase out use of non-chlorinated plastic bags within two years from the date of publication of these rules and after two years from such publication of these rules, the chlorinated plastic bags shall not be used for storing and transporting of bio-medical waste and the occupier or operator of a common bio-
medical waste treatment facility shall not dispose of such plastics by http://www.judis.nic.in 11 incineration and the bags used for storing and transporting biomedical waste shall be in compliance with the Bureau of Indian Standards. Till the Standards are published, the carry bags shall be as per the Plastic Waste Management Rules, 2011.
(9) After ensuring treatment by autoclaving or microwaving followed by mutilation or shredding, whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and glass shall be given to such recyclers having valid authorisation or registration from the respective prescribed authority.
(10) The Occupier or Operator of a common bio-medical waste treatment facility shall maintain a record of recyclable wastes referred to in sub-rule (9) which are auctioned or sold and the same shall be submitted to the prescribed authority as part of its annual report. The record shall be open for inspection by the prescribed authorities.
(11) The handling and disposal of all the mercury waste and lead waste shall be in accordance with the respective rules and regulations.
13. Rule 8 deals with segregation, packaging, transportation and storage and the same reads thus.
8. Segregation, packaging, transportation and storage.-(1) No untreated bio-medical waste shall be mixed with other wastes.
(2) The bio-medical waste shall be segregated into containers or bags at the point of generation in accordance with Schedule I prior to its storage, transportation, treatment and disposal.
(3) The containers or bags referred to in sub-rule (2) shall be labeled as specified in Schedule IV.
(4) Bar code and global positioning system shall be added by the Occupier and common bio-medical waste treatment facility in one year time. (5) The operator of common bio-medical waste treatment facility shall transport the bio-medical waste from the premises of an occupier to any off-site bio-medical waste treatment facility only in the vehicles having label as provided in part ‘A’ of the Schedule IV along with necessary information as specified in part ‘B’ of http://www.judis.nic.in the Schedule IV.
12(6) The vehicles used for transportation of bio-medical waste shall comply with the conditions if any stipulated by the State Pollution Control Board or Pollution Control Committee in addition to the requirement contained in the Motor Vehicles Act, 1988 (59 of 1988), if any or the rules made there under for transportation of such infectious waste.
(7) Untreated human anatomical waste, animal anatomical waste, soiled waste and, biotechnology waste shall not be stored beyond a period of forty –eight hours:
Provided that in case for any reason it becomes necessary to store such waste beyond such a period, the occupier shall take appropriate measures to ensure that the waste does not adversely affect human health and the environment and inform the prescribed authority along with the reasons for doing so.
(8) Microbiology waste and all other clinical laboratory waste shall be pre-treated by sterilisation to Log 6 or disinfection to Log 4, as per the World Health Organisation guidelines before packing and sending to the common bio-medical waste treatment facility.
3. In compliance of the order, on behalf of the District Collector, Thoothukudi, Sub Collector, Thoothukudi, has filed his report dated 11.10.2018, and the same is extracted hereunder:
"I, M.S.Prasanth, S/o.M.G.Sasidhara Kurup aged about 30 years, officiated as Sub Collector, Thoothukudi and residing at Sub Collector's Bungalow, Thoothukudi, do hereby solemnly affirm and sincerely state as follows:-
It is respectfully submitted that I am the Sub Collector, Thoothukudi Revenue Division, Thoothukudi District. I am also filing this report on behalf of the District Collector, Thoothukudi.
It is respectfully submitted that a petition regarding dumping of bio-medical waste from foreign countries in the http://www.judis.nic.in Vallanadu Wildlife Sanctuary was received from 13 Thiru.R.Kalyanaraman, 232/818, Thambu Chetty Street, Chennai - 600 001 by the District Collector, Thoothukudi through e-mail id [email protected]. On the direction from the District Collector, Thoothukudi the petitioner and the Forest Ranger, Vallanadu Wildlife Sanctuary, Keela Vallanadu were summoned to the office of the Sub Collector, Thoothukudi on 20.08.2018, but the petitioner did not turn up. The Forest Range Officer, Vallanadu Wildlife Sanctuary submitted a report that a few loads of waste materials (like plastics) were dumped at Padmanabamangalam Village which is located at about 0.9 Km away from the border of Vallanadu Sanctuary.
It is respectfully submitted that regarding the wit petition filed by stating that dumping of bio-medical waste from foreign countries in the Vallanadu Wildlife Sanctuary, on 11.10.2018, the place where the waste materials were dumped was jointly inspected by the Sub Collector, Thoothukudu, the District Environmental Engineer, Thoothukudi, the Tashildar Srivaikundam and the Inspector of Police, Srivaikuntam. It was found that few loads of shredded and crushed plastic waste materials were dumped in S.Nos.982, 1015 & 1016 of Padmanabamangalam village in Srivaikuntam Taluk. there were not the Bio-Medical waste and there was no bad odour at the site as in the case of bio medical wastes.
The District Environmental Engineer, Thoothukudi, in his report dated 11.10.2018, has stated during inspection it was observed that the wastes that were dumped were not found to have any bio-medical waste; but contain only wastes mainly containing plastic materials such as plastic sheets, baled plastics, LDPE Poly sack wastes, plastics and canvas shoes and chappals, plastic cool drinks containers, cosmetics containers, etc., and samples of the waste were collected during http://www.judis.nic.in inspection.
14The Inspector of Police, Srivaikuntam, in his report dated 11.10.2018, has stated that a case in Srivaikundam Police Station Crime No.219 of 2018 on 29.09.2018 for the offences under Sections 269 and 270 of IPC was filed and investigation is going on. He has also stated that the investigation reveals that nearly 10 container loads of plastic and dumped at the Survey Nos.982, 1015 and 1016 belongs to the private land and samples were collected. He has also stated that they are still to zero in on suspected persons who dumped the wastages and the investigation is underway.
The Tahsildar, Srivaikuntam has stated that the place where the waste materials were dumped situated at Survey Nos.982, 1015 and 1016 and the lands belongs to Subramania Pillai (1), Ganapathy (2), Shanmuga Sundara Rajan (3), Ramakrishnan(4), Shanmuganandam(5), Ulagammal(6), Vidyasagar(7), Nagasamy(8) and Saraswathy(9). The copies of the pattas are enclosed for the Hon'ble Court's kind perusal.
Based on the above reports and the findings during the joint Inspection, it is respectfully submitted that a few loads of shredded and crushed plastic waste materials were found dumped in S.Nos.982, 1015 & 1016 of Padmanabamangalam Village in Srivaikundam Taluk. The said survey numbers are not part of Vallanadu Forest area and are private patta lands. There were not the Bio-Medical Waste but various kinds of plastic wastes. The investigation is underway in Srivaikundam Police Station.
It is respectfully submitted that the photographs taken during the inspection are submitted herewith for kind perusal.
Sub Collector, Thoothukudi
4. Besides the report of Sub Collector, Inspector of Police, http://www.judis.nic.in 15 Srivaikundam, Police Station has filed a Status Report, which reads thus.
STATUS REPORT FILED BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM I, G.Venkatesan aged 45/18 years, son of Govindarajan, working as Inspector of Police, Srivaikundam Police Station, Thoothukudi District, do hereby solemnly affirm and sincerely state as follows:
It is respectfully submitted that I am the Inspector of Police, Srivaikundam Police Station, Thoothukudi District, filing this status report.
It is respectfully submitted that a complaint lodged by Tmt.Meenakshi Village Administrative Officer, Padmanabamangalam Village, Srivaikundam on 29.09.2018 at 17.00 Hrs regarding dumping of over 8 loads of Plastic and common wastages at Survey No.1014, 1015 and 1016 of Padmanabamangalam village, Thoothukudi District on 06.06.2018 with the modified intention to spread the deceases by the unknown culprits.
It is humbly, submitted that on the basis of the complaint lodged by the VAO Padmanabamangalam a case in Sri Vaikundam Police Station Crime Number 219/2018 for the offences under Section 269, 270 IPC and investigated. The investigation reveals that nearby 10 containers loads of plastic and common wastages dumped at the Survey Nos.1014, 1015, 1016 belongs to the private land by some culprits. Further, I submit that samples were collected from the scene of occurrence for verify whether it is plastic common wastages or any other kind of wastages. So far, we can't able to fix the accused persons who dumped the wastages. Informants arranged for get a clue. The case is under investigation.
Inspector of Police Srivaikundam P.S. http://www.judis.nic.in Thoothukudi District.
165. From the report of the Sub Collector, Thoothukudi, we could see that the wastes that were dumped in S. Nos.982, 1015 & 1016 of Padmnabamangalam Village, Sri Vaikundam Taluk, are plastic materials such as plastic sheets, baled plastics, LDPE Poly sack wastes, plastic, canvas shoes, chappals, plastic cool drinks containers, cosmetic containers etc. and not bio-medical wastes as alleged by the petitioner.
6. The Inspector of Police, Sri Vaikundam in his report dated 11.10.2018, has stated that a case has been registered on the file of Sri Vaikundam Police Station, in Crime No.219 of 2018 on 29.09.2018 for the offences under Section 269 and 270 of IPC and that investigation revealed that nearly 10 container loads of plastics have been dumped in the above survey numbers, which belongs to private parties.
7. Based on the above reports and from the findings during the joint inspection, we could discern that a few loads of shredded and crushed plastic waste materials have been dumped in S.Nos.982, 1015 & 1016 of Padmanabamangalam Village, Sri Vaikundam Taluk. The said survey numbers are not part of Vallanadu Forest area and are private patta lands.
Waste materials which have been dumped, are not bio-medical wastes as alleged by the petitioner, but various kinds of plastic wastes. The http://www.judis.nic.in investigation by the Inspector of Police, Sri Vaikundam Police Station, is 17 going on.
8. In view of the above, we don't want to keep the writ petition alive, as nothing has happened as panicked by the petitioner. Writ petition is dismissed. However, there shall be no order as to cost.
(S.M.K., J) (S.P., J.)
25.10.2018
Index : Yes/No
Internet : Yes/No
Asr
To
1.The Secretary to Government,
Home Department
Fort St. George
Chennai - 600 009
2.The Tamil Nadu Pollution Control Board Rep. by its Chairman 76, Mount Salai, Guindy Chennai - 600 032
3.The District Collector Tuticorin District Tuticorin - 628 101 http://www.judis.nic.in 18 S. MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
asr W.P.No.25717 of 2018 25.10.2018 http://www.judis.nic.in