S.Chandrasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14606 of 2021 S.Chandrasekaran .. Petitioner versus 1 The District Collector Office of the District Collector, Kancheepuram, 2 The District Environmental Engineer, Office of The District Environmental Engineer, Tamil Nadu Pollution Control Board, Anna Salai, Chennai.

3 The Thasildhar, Office of the Thasildhar, Kundrathur, Chennai. 4 The Block Development Officer, Office of the Block Development Office, Kozhumanivakkam Panchayat Union, Chennai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 4th respondent from dumping the wastages and debris at Kozhumanivakkam Kundrathur Taluk Kancheepuram District by the consideration of representation dated 06.03.2021. For Petitioner :

Mr.S.Srinivasa Narayanan For Respondents :

Mr.P.Muthukumar, Counsel for State

ORDER

(made by Senthilkumar Ramamoorthy, J.) The petitioner complains of the dumping of garbage and waste by the fourth respondent Block Development Officer at Kozhumanivakkam Village, Mangadu, Kanchipuram District. https://hcservices.ecourts.gov.in/hcservices/

2. It is stated by the petitioner that the lands in S.No.87 are classified as "Kalam" in the relevant records and that these lands are intended for and had been used for drying crops. The fourth respondent has resorted to dumping of debris and waste in the said lands. In spite of submitting a representation on 06.03.2021 in this regard, no action has been taken by the official respondents. The writ petition is filed in these facts and circumstances.

3. Mr.Muthukumar, learned counsel for the State accepts notice on behalf of the respondents and states that the District Collector would consider and dispose of the representation of the petitioner within a reasonable time-frame.

4. Accordingly, without going into the merits of the matter, the first respondent is directed to consider the petitioner's representation dated 06.03.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity of hearing to the petitioner and any others affected by such order. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

5. W.P.No.14606 of 2021 is disposed of on these terms. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tar To 1 The District Collector Office of the District Collector, Kancheepuram, 2 The District Environmental Engineer, Tamil Nadu Pollution Control Board, Anna Salai, Chennai. 3 The Thasildhar, Kundrathur, Chennai.

4 The Block Development Officer, Office of the Block Development Office, Kozhumanivakkam Panchayat Union, Chennai.

+1cc to Mr.S.Srinivasa Narayanan, Advocate, S.R.No.33703 +1cc to the Government Pleader, S.R.No.34046 W.P.No.14606 of 2021 MG(CO) HS(22/07/2021) https://hcservices.ecourts.gov.in/hcservices/