M.Kamesh v. The Honble Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.20556 of 2025 and WMP No.23187 of 2025 M.Kamesh S/o. K.P. Mani, No.18C, Ramadasar Salai, Thiruverkadu -600 077.
Petitioner Vs 1.The Principal Secretary Municipal and Water Supply and Drainage Department, Secretariat, Chennai-600009.
2.The Additional Secretary, Municipal and Water Supply and Drainage Department, Secretariat, Chennai-600 009.
3.The Commissioner Office of the Commissioner of Land Administration, 5th Floor, Ezhilakam, Chepauk,
4.The Director Tamil Nadu Drinking Water and Drainage Board, No.31, Kamaraj Salai, Chepauk, 5.The District Collector District Collector's Office, Thiruvallur District-602 001.
6.The Commissioner Thiruverkadu Municipal Corporation Office, Thiruverkadu, Chennai-600 077.
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 4th respondent not to construct the sewage treatment plant being constructed in the residential area which is situated at Koladi Village limits of Thiruverkadu Municipality in Poonamalli Taluk of Thiruvallur District based on the representation of the petitioner dated 26.05.2025. For Petitioner:
Mr.M.Senthil Kumar For Respondents:
Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for R1 to R3 and R5 Mr.P.Srinivas Standing Counsel for R6 R4-No Appearance
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) By this petition, styled as public interest litigation, petitioner has prayed for issuance of a prohibitory order not to construct sewage treatment plant in the residential area.
2. It has been stated in the affidavit filed in support of the petition that the sewage treatment plant is proposed to be constructed on a land which is very close to the residential area in the village; about 10 metres away from Koladi Government High School; 10 metres away from the Chinna Koladi Christian Church; and 10 metres away from the Koladi Lake Water Catchment Area. Learned counsel for the petitioner submits that this violates the guidelines dated 23.10.2008 issued by the Tamil Nadu Pollution Control Board.
3. Taking into consideration the aforesaid aspects of the matter, instead of keeping this matter pending, we are inclined to dispose of the writ petition at this stage with a direction to the sixth
respondent, i.e., the Commissioner, Thiruverkadu Municipal Corporation Office, Thiruverkadu, Chennai, to examine the complaint of the petitioner in the light of the guidelines issued by the Tamil Nadu Pollution Control Board. A decision should be taken within an outer limit of six weeks from the date of receipt of this order. The authority shall pass a speaking order deciding the objections and a copy of the same shall also be communicated to the petitioner. In case the grievance is not redressed, it is open to the petitioner to approach this court.
Writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 25.07.2025 Index :
Yes/No :
Yes/No sasi
To:
1.The Principal Secretary Municipal and Water Supply and Drainage Department, Secretariat, Chennai-600009.
2.The Additional Secretary, Municipal and Water Supply and Drainage Department, Secretariat, Chennai-600 009.
3.The Commissioner Office of the Commissioner of Land Administration, 5th Floor, Ezhilakam, Chepauk, 4.The Director Tamil Nadu Drinking Water and Drainage Board, No.31, Kamaraj Salai, Chepauk, 5.The District Collector District Collector's Office, Thiruvallur District-602 001.
6.The Commissioner Thiruverkadu Municipal Corporation Office, Thiruverkadu, Chennai-600 077.
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
(sasi) WP No.20556 of 2025 25.07.2025