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Madras High CourtWP/24844/2017disposed of

G.Sivasankar, v. The District Collector

2017-10-05Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU WRIT PETITION NOS.24844 TO 24849 OF 2017 AND WMP NOS.26238 TO 26243 OF 2017 G.Sivasankar .. Petitioner in W.P.24844/17 M.Raja .. Petitioner in W.P.24845/17 K.Valarmathi .. Petitioner in W.P.24846/17 P.Paramasivam .. Petitioner in W.P.24847/17 G.Santha .. Petitioner in W.P.2484817 R.Chinnapillai .. Petitioner in W.P.2484917 vs

1. The District Collector, Salem District, Salem.

2. The Commissioner, Narasingapuram 3 rd Grade Municipality, Narasingapuram, Salem District.

.. Respondents in all W.Ps.

PRAYER in W.Ps.24844 to 24847/2017: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to refrain from granting any permission to the second respondent for carrying on dumping activity in the name of Solid Waste Management Scheme at Survey No.2A & 344/3 of Narasingapuram Village at Athur Taluk, Salem District, based upon the representation of the petitioners dated 19.05.2017.

PRAYER in W.Ps.24848 & 24849 /2017: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to refrain from granting any permission to the second respondent for carrying on dumping activity in the name of Solid Waste Management Scheme at

Survey No. 344/3 of Narasingapuram Village at Athur Taluk, Salem District, based upon the representation of the petitioner dated 19.05.2017.

For Petitioners : Mr.S.Kumaradevan in all W.Ps.

For Respondents : Mr.A.Kumar for R1 in all W.Ps.

Special Government Pleader Mr.O.Selvam for R2 Standing Counsel COMMON ORDER The petitioners seek for a mandamus to direct the first respondent to refrain from granting any permission to the second respondent for carrying on dumping activity in the name of Solid Waste Management Scheme at Survey No.2A & 344/3 of Narasingapuram Village at Athur Taluk, Salem District, based upon the representation of the petitioners dated 19.05.2017. 2.Heard Mr.S.Kumaradevan, learned counsel appearing for the petitioners and Mr.A.Kumar, learned Special Government Pleader appearing for the respondents.

3.The grievance of the petitioners is that if any such permission is granted to the second respondent, it would cause pollution to the residents of the nearby village. This Court, at this stage, is not expressing any view on the claim made by the petitioners or the allegation made by them. However, as it is seen that the petitioners have already made a common representation before the first respondent on 19.05.2017, it is for the first respondent to consider the same and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioners as well as the second respondent. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. With the above direction, all the writ petitions are disposed of accordingly. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

vri To

1. The District Collector, Salem District, Salem.

2. The Commissioner, Narasingapuram 3 rd Grade Municipality, Narasingapuram, Salem District.

+6ccs to Mr.S.Kumaradevan, Advocate, S.R.No.71616 TO 71621 +1cc to the Government Pleader, S.R.No.72099 W.P.Nos.24844 to 24849 of 2017 NM(CO) CS/24/10/17