Madras High Court
P.Vijayakumar vs The District Collector on 19 November, 2014
Bench: V.Dhanapalan, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.11.2014
CORAM
THE HONOURABLE MR.JUSTICE V.DHANAPALAN
AND
THE HONOURABLE MS. JUSTICE V.M.VELUMANI
W.P(MD)No.9363 of 2012
and
M.P(MD)No.1 of 2012
P.Vijayakumar ... Petitioner
Vs.
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Municipal Commissioner,
Thanjavur Municipality,
Thanjavur.
3.The Tahsildar,
Taluk Office,
Pattukkottai,
Thanjavur District.
4.The Assistant Director,
Municipalities,
Regional Office,
Panagal Building,
Thanjavur.
5.The Executive Officer,
Special Grade Municipality,
Adirampattinam,
Thanjavur District. ... Respondents
PRAYER
Petition filed under Article 226 of the Constitution of India, to
issue a writ of Mandamus to direct the respondents to remove garbage
accumulated in the cemetery located at Survey No.277-1, Adirampattinam,
Thanjavur District and consequently, restrain the respondents 4 and 5, their
men and agents from dumping the garbage in future within the above said
cemetery.
!For Petitioner ... Mr.P.T.Ramesh Raja
^For Respondents ... Mr.A.K.Baskarapandian
Special Govt.Pleader for R1 & R3, R4
Mr.J.Parekhkumar for R2
Mr.J.Gunaseelan Muthiah,
Govt. Advocate for R5
:ORDER
(Order of this Court was made by V.DHANAPALAN,J.) By consent of the learned Counsel on either side, this writ petition itself is taken up for final disposal.
2. Heard Mr.P.T.Ramesh Raja, learned Counsel for the petitioner, Mr.A.K.Baskarapandian, learned Special Government Pleader for the respondents 1 and 3, Mr.J.Parekhkumar, learned Counsel for the second respondent and Mr.J.Gunaseelan Muthiah, learned Government Advocate for the fifth respondent.
3. The petitioner, who claims himself as a public spirited person and a permanent resident of Adirampattinam, Pattukottai Taluk, Thanjavur District, has filed this Public Interest Litigation, seeking a writ of Mandamus to direct the respondents to remove garbage accumulated in the cemetery located at Survey No.277-1, Adirampattinam, Thanjavur District and consequently, restrain the respondents 4 and 5, their men and agents from dumping the garbage in future within the above said cemetery.
4. The grievance of the petitioner as culled out from the pleadings, is that a cemetery lying in S.No.277-1, having the facilities for burial and cremation, is being utilised for time immemorial. According to him, the men and agents of the respondents 4 and 5, have been dumping the garbage and carcass of animals in and around the said cemetery, which, ultimately, occupied the entire cemetery, besides generated foul smell, attracting stay dogs therein. Further, it caused great hardship for paying the last rites as per Hindu religion to the dead bodies while affecting the fundamental right of decent burial to them.
5. It is also stated that major portion of the residents of Adirampattinam belongs to Visvakarma community and their tradition and custom towards the dead bodies, is only by way of burial and not by cremation. The revenue records reflected that for graveyard, the land is allotted to the extent o 2.15.0 hectares, however, the major portion of the land has been occupied by the garbage and the residents therein also faced several difficulties in burying the dead bodies as they have to perceive the bones and skulls of other dead bodies already buried. Apart from that, the men and agents of the respondents 4 and 5 have set fire to the garbage, whereby poisonous smokes have been emitted, causing health hazards to the people in that locality. Therefore, he made a representation to the authorities concerned on 13.12.2011, for which, the fourth respondent replied by his communication dated 19.12.2011 that an alternative place for collecting the garbage will be chosen very soon. However, no action has been initiated as indicated in the above communication and hence, the petitioner moved before this Court for the above stated relief.
6. We have considered the rival submissions and perused the materials available on record.
7. This Court, by order dated 18.07.2012, has directed the respondents 3 and 5, to make a spot inspection and file a report to that effect. Accordingly, the Tahsildar, Pattukkottai, the third respondent herein, has come out with a report, stating thus:
"I submit that the Hon'ble Court order has been received only on 28.07.2012. After receiving the order, I have informed the Vth respondent the Executive Officer, Adirampattinam Town Panchayat to fix the convenient date to conduct spot inspection on or before 30.07.2012. The newly joined Executive Officer has accepted my request and fixed the spot inspection on 30.07.2012 at 10.30 AM.
2. My self and the 5th respondent Executive Officer, Adirampattinam Town Panchayat inspected the spot and I have directed the Executive Officer, Adirampattinam Town Panchayat, the 5th respondent herein to remove the garbages within four weeks and follow the sanitary norms.
3. I submit that the Executive Officer, Adirampattinam Town Panchayat the Vth respondent accepted to remove the garbages within four weeks. The garbage is being dumped in this area for nearly 20 years and it is pertinent to note that there is no garbage dumping yard in the Town Panchayat area. And I also instructed the Executive Officer, Adirampattinam Town Panchayat to find a suitable place for garbage dumping yard within the limit of Town Panchayat area.
Hence I prayed that the Hon'ble Court may be pleased to grant four weeks time to remove the garbages in the Survey No.277/1, Adirampattinam village and thus render justice."
8. Also, the Executive Officer, Special Grade Municipality, Adirampattinam, Thanjavur District, the fifth respondent herein, filed a report with the following:
"I submit that the Hon'ble Court order has been received only on 28.07.2012. After receiving the order, I was informed by the 3rd respondent, the Executive Officer, Adirampattinam, Thanjavur District to fix the convenient date to conduct spot inspection on or before 30.07.2012.
2. Myself and the 3rd respondent inspected the spot and I was directed by the Tahsildar, Pattukottai, the 3rd respondent herein to remove the garbages within four weeks to follow the sanitary norms.
3. I submit that in Adirampattinam Town Panchayat there is no garbage dumping yard in the Town Panchayat area. The 3rd respondent Tahsildar instructed me to find out a suitable place for garbage dumping yard within the limit of town Panchayat area. The S.No.277/1 total extent is 2.15.0 hectare is classified as a cremation ground. In that survey number the town Panchayat had constructed solid waste management centre, here the garbages are secreted solid plastic waste from the other waste.
4. I submit that cremation ground as total extent 2.15.0 hectare. The town Panchayat administration assured to construct the compound wall in the portion of Survey No.277/1 on the northern side of cremation ground and give assures to keep the cremation ground premises in clean condition.
5. I submit that the town Panchayat authority had given a request to the 3rd respondent to change the classification in the portion of S.No.277/1, total extent is 2.15.0 hectare. In that portion in the town Panchayat administration have proposal to create a garbage dumping yard in the northern side of S.No.277/1 total extent is 2.15.0 hectare.
Hence I prayed that the Hon'ble Court may be pleased to grant six months time to construct new compound wall around the cremation and burial ground premises to divide the garbage dumping yard and burial ground and thus render justice."
9. In the light of the above, it could be seen that not only the grievance of the petitioner has been looked into, but also the authorities concerned have taken all efforts to change the classification of the land in S.No.277-1, an extent of 2.15.0 hectares in the Town Panchayat and sent proposal to create a new garbages dumping yard in the northern side of S.No.277-1, to the same extent.
10. Accordingly, the reports filed by the respondents 3 and 5 are placed on record. In case, there is any inconvenience to the public at large in future while doing last rituals at the time of burials, it is always open to the petitioner to approach the authorities concerned, who shall consider the same in accordance with law.
11. With the above observations, this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.
To
1.The District Collector, Thanjavur District, Thanjavur.
2.The Municipal Commissioner, Thanjavur Municipality, Thanjavur.
3.The Tahsildar, Taluk Office, Pattukkottai, Thanjavur District.
4.The Assistant Director, Municipalities, Regional Office, Panagal Building, Thanjavur.
5.The Executive Officer, Special Grade Municipality, Adirampattinam, Thanjavur District.