Commander I Siva Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN Commander I Siva Kumar ..
Petitioner Vs.
1. The District Collector
2. The Commissioner Melvisharam Municipality No.2/243, By pass Road New Building, Melvisharam Ranipet District 632 509.
3. The District Environment Engineer Tamil Nadu Pollution Control Board No.A-417, Tamil Nadu Housing Board Seekarajapuram, Walaja Taluk Ranipet.
4. The Executive Engineer (PWD) Water Resource Organisation Upper Palar Division Vellore, Vellore District.
5. The Assistant Engineer (PWD) Water Resource Organisation Palar Dam Section, Ranipet ..
Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the 2nd respondent herein, their subordinates, men from in any way dumping the garbage and waste into Pallaru river and to direct the respondent Nos.1 and 3 to 5 to take appropriate action against the authorities of 2nd respondent towards dumping of garbage and waste into Pallaru River at Melvisharam Town, Ranipet District.
For Petitioner :
Ms.E.Jayaranchana For Mr.A.Vengatesh For Respondents :
Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate for Respondents 1 & 2 Mr.V.Gunasekar for Respondent-3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) By way of this petition, petitioner has raised an issue of concern regarding dumping of garbage and waste into Palar river,
with a prayer to take appropriate action for removal of garbage and also to restrain respondents from dumping garbage and waste into the river, its bed side or areas around.
2. What is disclosed from the status affidavit filed by second respondent is that the present site is no longer in use for dumping of garbage and waste since 2023. A perusal of paragraph 3 of the affidavit of second respondent also reveals that currently, the quantity of decomposable waste brought is approximately is 8.9 tons and is being processed at the Micro Composting Centres (MCC) located at Kilvisharam and Hansa Nagar. It is also stated that Tamil Nadu Pollution Control Board has also issued authorisation up to 31.03.2028, by authorisation letter dated 28.12.2023, to operate the facility for processing, recycling, treatment and disposal of solid waste of 18 tons per day at SF No.125, Ward No.6, Kilvisharam (MCC-2) and SF No.321, Ward No.13, Hansa Nagar (MCC-3), Vishram Village, Walajah Taluk, Ranipet District. The dry waste, after segregation of bio-degradable waste and process, is being sent to cement factory periodically.
3. Now, the garbage is being bio-treated in composting plant established elsewhere, where the garbage is now being taken.
4. Learned counsel for second respondent would submit that there is a huge dump of garbage and waste on the river bed collected up to 2023, which is required to be removed. For this purpose, relevant information has been obtained from Anna University. As regards the quantity of legacy waste, a detailed project plan will be submitted to the Director of Municipal Administration, Chennai for according administrative sanction to carry out by bio-mining of legacy waste and the legacy waste will be processed and removed from the river bed.
5. At present, taking into consideration the aforesaid statement of facts made on affidavit and that presently, no garbage and waste is being dumped on the river bed of Palar river, we are not inclined to proceed further in the matter.
6. Petition is disposed of placing on record the statements so
made in the affidavit, which, we have referred to hereinabove. If the respondents do not process and remove the legacy waste from the river bed, as stated in paragraph 8 of the affidavit and there is undue delay, it will be open for the petitioner to approach the National Green Tribunal for appropriate orders, directions or monitoring, as may be necessary. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 18.08.2025 Index :
Yes/No Yes/No kpl To
1. The District Collector
2. The Commissioner Melvisharam Municipality No.2/243, By pass Road New Building, Melvisharam Ranipet District 632 509.
3. The District Environment Engineer Tamil Nadu Pollution Control Board No.A-417, Tamil Nadu Housing Board Seekarajapuram, Walaja Taluk Ranipet.
4. The Executive Engineer (PWD) Water Resource Organisation Upper Palar Division Vellore, Vellore District.
5. The Assistant Engineer (PWD) Water Resource Organisation Palar Dam Section, Ranipet
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
(kpl) 18.08.2025