K.Pitchai, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.10.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.26970 of 2017 K.Pitchai

...Petitioner

Vs.

1.The State of Tamil Nadu, rep., by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009. 2.The Chairman, Tamil Nadu Pollution Control Board, 76, Anna Salai, Chennai.

3.The District Collector, Nilgiris District, Udhagamandalam.

4.The District Forest Officer, Gudalur, Nilgiris District.

5.The Commissioner, Gudalur Municipality, Nilgiris District.

.. Respondents Prayer:-Writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the fifth Respondent to shift the dumping yard from O.S.No.195/2A, R.S.No.1281 at 27th Mile of Upper Gudalur, Gudalur Village to relocate the same at Padanthurai or to some other place.

For Petitioner: Mrs.Selvi George For Respondent: Mr.T.N.Rajagopalan, Government Pleader(I/c) for R1, R3 & R4

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) The grievance of the petitioner is with respect to the existing dump yard causing serious health hazard to the residents of the locality at the instance of the respondent No.5.

2.The learned counsel for the petitioner would fairly submit that already the National Green Tribunal, Southern Zone, Chennai, has disposed of the matter in Application No.86 of 2017 (SZ) filed by one P.Subramani residing in the very same address.

3. We also perused the pleadings, which are verbatim the same. In such view of the matter, we are not inclined to entertain this writ petition and the same is dismissed. However, we could see the difficulties faced by the petitioner and the public in general.

4. Considering the sensitive nature of the issue, particularly, after taking note of the order passed by the National Green Tribunal, Southern Zone, Chennai, we request the Tribunal to expedite the hearing, preferably, within a period of three months from the date of receipt of a copy of this order. Liberty is also granted to the petitioner to file appropriate petition in the pending proceeding before the National Green Tribunal, Southern Zone, Chennai. No costs.

raa Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

2.The Chairman, Tamil Nadu Pollution Control Board, 76, Anna Salai, Chennai.

3.The District Collector, Nilgiris District, Udhagamandalam.

4.The District Forest Officer, Gudalur, Nilgiris District.

5.The Commissioner, Gudalur Municipality, Nilgiris District.

+1cc to Mrs.Selvi George, Advocate Sr.74240 +1cc to Government Pleader Sr.74333 W.P.No.26970 of 2017 GJ(CO) RVR 20/11/2017