B.Venkatesan v. The Commissioner
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 06.12.2018
CORAM
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.No.20904 of 2018 and WMP No.24542 of 2018 B.Venkatesan ... Petitioner .. Vs ..
1.The Commissioner, The Pallavaram Municipality, Pallavaram, Chennai -600 043.
2.The District Collector, Kancheepuram District, Kancheepuram 631 501.
3.The Chairman Tamil Nadu Pollution Control Board, 76, Anna Salai, Race View Colony, Guindy, Chennai - 600 032.
4.The Secretary, Municipal Administration and Water Supply Department, The Government of Tamil Nadu, Secretariat, Chennai - 600 009.
5.The Secretary, Health and Family Welfare Department, The Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
6.The Chief Engineer, Public Works Department, 7.The Director, Tamil Nadu National Health Mission DMS Campus, 359, Anna Salai, Teynampet, Chennai - 600 006.
8.The Commissioner of Municipal Administration, Commissionerate of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai,
9.Inspector of Police, Pallavaram Circle, Pallavaram, Chennai - 600 043.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to stop the construction of the compost pits within the premises of Government Primary Health Centre and P.V.Vaiyalingam Maternity cum Child Speciality Hospital in Old Pallavaram, Chennai and near the residential area and to shift the same to any other location.
For Petitioner : Mr.Ramesh Ganapathy For Respondents : Mr.P.Srinivas for R1 Mr.A.Ansar, Government Advocate for RR2, 4, 5, 6, 8 and 9
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN,J.) The matter in issue pertains to establishment of Solid Waste Management facility within the campus of Government Primary Health Centre and according to the petitioner, who claims to be a public interest litigant, construction of Solid Waste Management facility inside the campus will definitely result in health and other serious hazards to the inpatients as well as outpatients, who are taking treatment in the said Health Centre.
2. Per contra, Mr.P.Srinivas, learned Standing Counsel appearing for the first respondent Municipality apart from drawing the attention of this Court to the counter affidavit,
made submissions on instructions that a decision has been taken to scrap the proposal and the semi-finished construction put up thereon will be removed and the vacant space will be put to best use purely in public interest. The said submission on instructions is placed on record.
3. In the light of the said development, nothing remains for further adjudication in this writ petition. Therefore, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.
Svki Sd/- Assistant Registrar(CS) //True copy// Sub Assistant Registrar To 1.The Commissioner, The Pallavaram Municipality, Pallavaram, Chennai -600 043.
2.The District Collector, Kancheepuram District, Kancheepuram 631 501.
3.The Chairman Tamil Nadu Pollution Control Board, 76, Anna Salai, Race View Colony, Guindy, Chennai - 600 032.
4.The Secretary, Municipal Administration and Water Supply Department, The Government of Tamil Nadu, Secretariat, Chennai - 600 009.
5.The Secretary, Health and Family Welfare Department, The Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
6.The Chief Engineer, Public Works Department,
7.The Director, Tamil Nadu National Health Mission DMS Campus, 359, Anna Salai, Teynampet, Chennai - 600 006.
8.The Commissioner of Municipal Administration, Commissionerate of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, 9.Inspector of Police, Pallavaram Circle, Pallavaram, Chennai - 600 043.
+1cc to Mr.P.Srinivas, Advocate SR.No.84562 +1cc to Mr.Mission Legal, Advocate SR.No.83973 +1cc to Government Pleader SR.No.84414 KR(18/01/2019) W.P.No.20904 of 2018