Madras High CourtWP/2554/2015

R.V.Baktavachalam, v. The Secretary To Government

2016-08-09Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.2554 of 2015 and 9926 of 2014 1.R.V.Baktavachalam 2.Shanthi Sampath 3.N.Jeyaraj 4.A.Ilangovan 5.D.Anbazhagan 6.Anitha Anumanthan .. Petitioners in WP.2554/2015 E.Mohan .. Petitioner in WP.9926/2014 -vs1.The Secretary to Govt., Municipal Administration and Water Supply (TP.2) Dept., Secretariat, St.George Fort, Chennai.

2.The District Collector, Thiruvallur District, Thiruvallur.

3.The Commissioner, Municipal Administration, Chennai.

4.The Chairman & Managing Director, Tamil Nadu Urban Finance Infrastructure Development Corpn. Ltd., Chennai.

5.The Director of Town Panchayats, Kuralagam, Chennai.

6.The Managing Director, Tamil Nadu Water Supply and Drainage Board, Chennai.

7.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai.

8.The Executive Officer, Tirumazhisai Town Panchayat, Tirumazhisai.

.. Respondents 1 to 8 in both WPs.

9.The Member Secretary, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai.

10.The Commissioner, Avadi Municipality, 215, New Military Road, Avadi.

.. Respondents 9 & 10 in WP.2554/2015 Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus (i) WP.2554/2015 - to forbear the respondents from letting out sewerage water through Underground Sewerage Scheme into petitioners' villages of Karunakarachery Panchayat, Soranjeri Panchayat, Thirumanam Panchayat, Kannapalayam Panchayat, Annambedu Panchayat and Sithukadu Panchayat's Cooum River as well as in the upstream portion of Cooum River from its origin in Cooum Village at Tiruvallur District, by considering the petitioners' Panchayat representation dated 10.04.2014, 03.05.2014 and resolution dates 15.08.2014, 04.03.2014, 15.08.2014, 17.10.2014, 11.11.2014 and 08.11.2014 respectively; and (WP.9926/2014) - to forbear the respondents from letting in sewerage water through Underground Sewerage Scheme in petitioner village of Anaikattucherry, Sorranjeri Panchayat, Thiruvallur District by considering the petitioner's village resolution dated 27.09.2013.

For Petitioner : Mr.V.Raghavachari for Mr.R.Marudhachalamurthy For Respondents : Mr.S.T.S.Moorthy, Govt. Pleader for RR 1 to 5 and 10 in WP.2554/2015 and RR 1 to 5 in WP.9926/14 : Mr.M.Arokiyaraj for R-6 in both WPs : Mr.V.Perumal for R-7 in W.P.No.2554/2015 : Mr.M.S.Ramesh for R-8 in both WPs : M/s.H.Yasmeen Ali for R-9 Mr.A.Govindasamy, R7 in W.P.No.9926/2014.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, we are of the view that since the issue of pollution of Cooum river is before the Chennai Bench of National Green Tribunal, though the present matter is stated to relate to different section of the river, where endeavour is to prevent pollution, as at present it is stated to be unpolluted, it would be in the fitness of things that these matters should also be transferred to the National Green Tribunal. 2.Thus, Registry to send all the papers in both the writ petitions to the National Green Tribunal and the matters be listed on 02.07.2015 before the Tribunal.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sra To 1.The Secretary to Govt., Municipal Administration and Water Supply (TP.2) Dept., Secretariat, St.George Fort, Chennai.