G.Boomuraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.19610 of 2023 G.Bommuraj ... Petitioner -vs1. The District Collector, Coimbatore District, Coimbatore.

2. The Executive Officer, Odayapalayam Town Panchayat, Pollachi Taluk, Coimbatore District.

3. The Executive Officer, Aanaimalai Town Panchayat, Aanaimalai, Coimbatore District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 15.05.2023 sent by the petitioner and others within a stipulated time fixed by this Court.

For the Petitioner :

Mr.C.Veeraraghavan For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for R-1 :

Mr.P.Muthukumar, State Government Pleader for RR 2 and 3.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Veeraraghavan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondent No.1 and Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.2 and 3.

2. The petitioner seeks directions against the respondents to consider the representation dated 15.05.2023. The grievance of the petitioner is that respondent No.1 shall not implement the project under Solid Waste Management in the proposed S.Nos.337 and 402 in Kuppuchiputur, Aatamparai Village, Odayakulam Town Panchayat, on the ground that the same is a catchment area and is a pond.

3. The Full Bench of this Court in a case of P.Karthikeyan vs. Commissioner, Coimbatore Corporation, Coimbatore, reported in 2021 SCC OnLine Mad 5488, has directed the Government to form a Committee at the State, District, Municipal and Panchayat Levels for monitoring the implementation of the Solid Waste Management Rules, 2016. The said Committee is also required to consider the objections regarding the proper maintenance of the park/recreational area from being spoiled by the operation of Micro Composting Centres (MCC).

4. The petitioner may raise the grievance before the Committee, which the Committee shall consider and decide it on its own merits expeditiously.

The writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 07.09.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Executive Officer, Odayapalayam Town Panchayat, Pollachi Taluk, Coimbatore District.

3. The Executive Officer, Aanaimalai Town Panchayat, Aanaimalai, Coimbatore District.

07.09.2023