Madras High Court
Vanagaram Athipet Small Industries vs The Chairman on 19 July, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. No.4109 of 2012
Vanagaram Athipet Small Industries
Unit Owner's Association (Reg.365/2010),
rep. by its Secretary Ismail,
No.11/562, Vanagaram Athipet Road,
Ambattur, Chennai-600 058. .. Petitioner
-vs-
1.The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Mount Road,
Chenai-600 002.
2.The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Ambattur.
3.The Municipal Commissioner,
Ambattur Municipality,
Ambattur.
4.The Commissioner,
Corporation of Chennai,
Chennai. .. Respondents
(Respondent No.4 impleaded as per the
order dated 17.4.2012 in M.P.No.2 of 2012)
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 to take action against the third respondent for unauthorisedly dumping garbage in the residence of Athipet area.
For Petitioner : Mr.M.Murugesan
for
M/s.A.R.Nixon
For Respondents : Mrs.Rita Chandrasekar for R1 & R2
Mr.V.R.Kamalanathan
Addl. G.P. for R3
Mr.S.Saravanan for R4
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner, an Association of Small Industries Unit Owners, located at Ambattur had made a grievance that the dumping yard in Athipet is being used for dumping medical wastage, which is against the Municipal Solid Waste (Management and Handling) Rules, 2000.
2. The Tamil Nadu Pollution Control Board has filed the counter-affidavit, affirmed on 24.12.2013, which sets out the facts as under:-
4.It is respectfully submitted that as per Municipal Solid Waste (Management and Handling) Rules, 2000, it is necessary to obtain authorization for setting up waste processing and disposal facility including landfills by the Local Bodies. The Ambattur Municipality (now Zone-VII, Corporation of Chennai) has not applied and obtained the authorization under Municipal Solid Wastes (Management & Handling) Rules, 2000.
5.It is respectfully submitted that it was observed that Municipal Solid Waste are collected in and around Ambattur Zone by Ambattur Municipality are dumped in Athipet dumping yard. The Bio medical wastes as said in the writ petition are not brought to this dumping yard. Generally most of the Bio Medical Waste are sent to Common Bio Medical Waste facilities by the Health Care unit's for treatment and disposal, Industrial Hazardous Waste are sent to the Common Hazardous Wastes Disposal Facilities at Gummidipundi by the industries after getting authorization from the Board under Hazardous Waste (Handling & Trans-boundary Movement) Rules, 2008, as amended for disposal.
3. It is thus categorically stated that Bio Medical Waste is not being brought to the site and the apprehension of the petitioner is without basis.
4. We take the aforesaid stand on record and the writ petition is closed accordingly. No costs.
(S.K.K., CJ.) (R.M.D., J.) 19.07.2016 Index : Yes/No Internet : Yes/No bbr To
1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Chenai-600 002.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Ambattur.
3.The Municipal Commissioner, Ambattur Municipality, Ambattur.
4.The Commissioner, Corporation of Chennai, Chennai.
The Hon'ble Chief Justice and R.Mahadevan, J.
bbr W.P.No.4109 of 2012 19.07.2016