P.S.Subramani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025 CORAM :
THE HONOURABLE MRS. JUSTICE N.MALA Writ Petition No.7842 of 2025 and W.M.P.No.9133 of 2025 P.S.Subramani ... Petitioner Vs.
1.The District Collector, Salem District, Salem.
2.The Revenue Divisional Officer, 3.The Thasildar, 4.The Additional Director Town Panchayat, The office of Collectorate, Salem District.
5.The Executive Officer, Arasiramani Town Panchayat, Kullampatti Post, Arasiramani Village, 6.The President, Arasiramani Town Panchayat, Kullampatti Post, Arasiramani Village, 7.The Joint Chief Environmental Engineer (Monitering), Page No.1 of 6
Tamil Nadu Pollution Control Board, No.9, 4th Cross Street, Brindavan Road, Fair Lands, Salem - 636 016.
8.The District Environmental Engineer, Tamil Nadu Pollution Control Board, II Floor, Siva Tower, Post Box No.457, No.1/276, Meyyanur Main Road, Salem - 636 004.
9.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.298/A, Salem Main Road, Thiruvalluvar Nagar, Kumarapalayam, Namakkal District - 638 183.
(R7 to R9 are impleaded as per order dated 25.03.2025 in WMP.12064/2025 in WP.7842/2025) ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari calling for the records on the file of the first respondent in respect of the impugned order 11.12.2024 in Na.Ka.No.7895/2023/Pe1 and quash the same.
For Petitioner :
Mr.S.Senthilnathan For Respondents 1 to 6 :
Mr.M.Rajendiran, Additional Government Pleader For Respondents 7 to 9 :
Mr.V.Gunasekar, Standing Counsel Page No.2 of 6
O R D E R
The petitioner has filed this petition seeking to call for the records on the file of the first respondent in respect of the impugned order 11.12.2024 in Na.Ka.No.7895/2023/Pe1 and quash the same.
2. Learned counsel for the petitioner submitted that the petitioner is a resident of Arasiramani Village in Salem District, challenges the order dated 11.12.2024 passed by the first respondent, which permits the shifting of a solid waste dumping site from R.S.No.341/17 to S.No.860 in Arasiramani Village. The newly selected site is surrounded by dense residential areas, agricultural lands, water bodies, and forest zones with rich biodiversity. Despite repeated objections and a prior High Court direction in W.P.No.19353 of 2023 to consider the petitioner's representation, the impugned order was passed mechanically without proper consideration of environmental, health, and legal concerns. The petitioner asserts that the move violates the Solid Waste Management Rules, 2016, including Rule 19(3), as no approval was obtained from the Pollution Control Board, and alternative sites were not explored. Aggrieved by this arbitrary and hazardous decision, the petitioner has filed the present writ petition. Page No.3 of 6
3. Learned standing counsel appearing for the respondents 7 to 9 has submitted a letter vide Lr.No.0556/DEE/TNPCB/SLM/WP 7842 of 2025/2025, dated 22.04.2025, wherein it is stated that "the local body has to adhere and comply with the Solid Waste Management Rules 2016 while handling solid wastes generated from its jurisdiction and shall furnish the status of compliance of Rule 15(y) of the said Rules."
4. Recording the aforesaid letter of the eighth respondent, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
27.06.2025 gv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Salem District, Salem.
2.The Revenue Divisional Officer, 3.The Thasildar, Page No.4 of 6
4.The Additional Director Town Panchayat, The office of Collectorate, Salem District.
5.The Executive Officer, Arasiramani Town Panchayat, Kullampatti Post, Arasiramani Village, 6.The President, Arasiramani Town Panchayat, Kullampatti Post, Arasiramani Village, 7.The Joint Chief Environmental Engineer (Monitering), Tamil Nadu Pollution Control Board, No.9, 4th Cross Street, Brindavan Road, Fair Lands, Salem - 636 016.
8.The District Environmental Engineer, Tamil Nadu Pollution Control Board, II Floor, Siva Tower, Post Box No.457, No.1/276, Meyyanur Main Road, Salem - 636 004.
9.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.298/A, Salem Main Road, Thiruvalluvar Nagar, Kumarapalayam, Namakkal District - 638 183.
Page No.5 of 6
N.MALA.,J.
gv Writ Petition No.7842 of 2025 and W.M.P.No.9133 of 2025 27.06.2025 Page No.6 of 6