Vadalur Consumer Rights And v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Vadalur Consumer Rights & Environmental Protection Organisation, rep. by its Chairman G.Kalvirayar, 9-B, Kabur Bhai Street, Vadalur, Kurinjipadi Taluk, Cudddalore District.
.. Petitioner Vs 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-9.
2.The District Collector, Cuddalore District, Cuddalore.
3.The District Revenue Officer, Collector's Office, Cuddalore.
4.The Revenue Divisional Officer, Cuddalore District.
5.The Tahsildar, Kurinjipadi.
6.The Municipality Commissioner, Vadalur.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to dispose of the representation preferred by the petitioner dated 24.12.2019 and further directing the respondents to take action in the light of the letter issued by the 8th respondent in Na.Ka.No.1929/2018/Town Panchayat 3 dated 7.11.2018 and further directing the 4th respondent to monitor the process which is going to be taken by the respondents. For the Petitioner : Mr.A.Ansar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Vadalur Consumer Rights and Environmental Protection
Organisation, represented by its Chairman, has filed this writ petition for issuance of a writ of mandamus to direct the respondents to dispose of the representation dated 24.12.2019.
2. Learned counsel appearing for the petitioner submitted that the petitioner organisation involves in public causes and supports the people of Vadalur. He would submit that a graveyard is situated at Aiyan lake and people of that vicinity are using the waterbody as burial ground, as they have not been allotted any other place as burial ground. As a consequence, the people of that area are polluting the waterbody by using the area as burial ground for the past 60 years.
3. Learned counsel for the petitioner further submitted that, in particular during rainy season, the water is being polluted and contaminated because of its usage as a burial ground and that the people of the vicinity, who are depending on the lake water for drinking purpose, are all affected.
4. We have considered the submissions made by learned counsel for the petitioner and also perused the materials available on record.
5. The petitioner has simply stated before us that lake water is being polluted because of its usage of the bank of the lake as a burial ground. Firstly, we are unable to find any substance in the submission made by learned counsel for the petitioner that the lake water is getting polluted. Secondly, the petitioner has not prayed for specific relief against any specific respondent, but has simply prayed for a direction on the fourth respondent - Revenue Divisional Officer, Cuddalore, to monitor the process which is going to be undertaken by the respondents.
6. Since the petitioner pleaded that lake water is being used by the villagers for drinking purpose, without expressing any opinion on the merits of the representation dated 24.12.2019, we hereby direct the 5th respondent/Tahsildar, Kurinjipadi and the 6th respondent/Commissioner, Vadalur Municipality to consider and
dispose of the representation of the petitioner dated 24.12.2019 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after hearing all concerned. Since a copy of the representation dated 24.12.2019 has not been addressed to the sixth respondent, the petitioner is given liberty to enclose a copy of this order along with the representation dated 24.12.2019.
7. With the above observation and direction, the writ petition is disposed of. There will be no order as to costs. (T.R., ACJ.) (D.K.K., J.) 26.10.2022 Index : Yes/No bbr
To 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-9.
2.The District Collector, Cuddalore District, Cuddalore.
3.The District Revenue Officer, Collector's Office, Cuddalore.
4.The Revenue Divisional Officer, Cuddalore District.
5.The Tahsildar, Kurinjipadi.
6.The Municipality Commissioner, Vadalur.
T.RAJA, ACJ.
AND D.KRISHNAKUMAR, J.
bbr 26.10.2022