J.Durairaj, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.17447 of 2018 and WMP.Nos.20731 and 20732 of 2018 and WMP.No.21401 of 2018 J.Durairaj ..Petitioner Vs 1.The State of Tamil Nadu Rep. By its Secretary Public Works Department Secretariat Fort St.George Chennai-600 009 2.The District Collector Thiruvallur District Thiruvallur 3.The Assistant Director Geology and Mining Thiruvallur District Thiruvallur 4.Revenue Divisional Officer Thiruvallur District Thiruvallur 5.The Tahsildar Uthukottai Taluk Thiruvallur District 6.The Executive Engineer Arani River Basin Division, Public Works Division Chepauk, Chennai-600 005 7.Stalin ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records of the impugned order dated 23.06.2018 in

Na.Ka.No.1679/2013, Kanimam passed by the 2nd respondent and to quash the same and consequently direct the official respondents to level the pits in the Kannigeiper lake and also remove the blocks in the sluice within a stipulated time. For Petitioner : Mr.V.Raghavachari for Mr.C.Prabakaran For Respondents: Mr.E.Manoharan, Additional Government Pleader for R1 to R5.

M/s.Sai Sathiyajith for R7.

ORDER

(ORDER of the Court was made by HULUVADI G.RAMESH,J.) Heard both sides and this Court perused the grounds raised by the Writ Petitioner and also the counter affidavit filed by the 2nd respondent/District Collector, Tiruvallur District.

2. Mr.E.Manoharan, the learned Additional Government Pleader appearing for Respondents 1 to 6 submits that the proper forum to redress the grievance of the Petitioner is the National Green Tribunal. However, due to non-functioning and non-appointment of a Member to the National Green Tribunal, the present writ petition has been filed before this Court. He further submits that now it is learnt that the matters regarding environment protection are taken up in regular basis through Video Conferencing or some other method.

3. In that view of the matter, it is redundant for us to entertain the matter to finalise the things before us as the matter has to be adjudicated before the Appropriate Adjudicating Forum. Hence, it is for the petitioner to move the National Green Tribunal for redressal of his grievance and seek appropriate relief. It is needless to observe that the Tribunal shall consider the case of the petitioner on merits and in accordance with law. However, the interim order of stay already granted by this Court shall continue for a period of two weeks from today.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected MPs are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

nvsri To 1.The Secretary Public Works Department Secretariat Fort St.George Chennai-600 009 2.The District Collector Thiruvallur District Thiruvallur 3.The Assistant Director Geology and Mining Thiruvallur District Thiruvallur 4.Revenue Divisional Officer Thiruvallur District Thiruvallur 5.The Tahsildar Uthukottai Taluk Thiruvallur District 6.The Executive Engineer Arani River Basin Division Public Works Division Chepauk, Chennai-600 005 +1cc to Mr.Prabakaran, Advocate SR.No.58676 +1cc to Mr.S.Saisathyajith, Advocate Sr.No.59002 +1cc to Government Pleader Sr.No.58539 KGK(CO) sm:11.9.2018 W.P.No.17447 of 2018