Valampuri Vinayakar Kilburn v. The Commissioner
In the High Court of Judicature at Madras Dated: 09.06.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 15298 of 2009 and M.P. Nos.1 and 2 of 2009 Valampuri Vinayakar Kilburn Nagar Welfare Association rep. by its Secretary having registered Office at No.15, Kilburn Nagar, Madhavaram Chennai 600 060.
.. Petitioner vs.
1. The Commissioner Madhavaram Municipality Madhavaram.
2. The Special Commissioner & Commissioner of Urban Land Ceiling and Urban Land Tax Chepauk, Chennai 600 005.
3. The Secretary to Govt. of Tamilnadu Local Administration Department Secretariat, Chennai 600 009.
4. The Tamil Nadu Pollution Control Board rep. by its District Environmental Engineer Thiruvallur District 7A, South Avenue Road, Ambattur Industrial Estate, Chennai 600 058.
5. The District Collector Tiruvallur District, Tiruvallur.
.. Respondents --- Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct the respondents to shift the location of composed yard comprised in Survey No.924/4 and 925 of an extent of 4.47 acres situated at Madhavaram Village surrounded on the North by Omakulamedu South by Kilburn Nagar, East by Thirumurugan Nagar and Madhavaram Redhills Road, West by 100 feet Road and V.S.Mani Nagar to the alternative site in Survey No.257/3B, 253/3C in Sadayankuppam, Manali Village, Tiruvallur District admeasuring 7 Acres or to any other place. ---
For Petitioner : Mr. G. Vijayakumar For Respondents : Mr. V.R. Kamalanathan Addl. Government Pleader for R1 to R3 Ms. Rita Chandrasekaran for R4.
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O R D E R
(Made by The Hon'ble The Chief Justice) Learned counsel for the petitioner states that there is a change of vakalath couple of years ago. No one else has entered appearance.
2. Learned counsel for the respondents states that the compost yard has been made at considerable expenditure and various people have come to occupy the lands in the vicinity subsequently and now want the change of location of the compost yard, which is not feasible.
3. We are of the view that the only direction which is to be passed is for the respondents to maintain the compost yard and take due care. If the petitioner finds any infirmity, the same should be brought to the notice of the respondents for necessary rectification with notice to all the respondents, including the fourth respondent.
4. The writ petition accordingly stands disposed of. No costs. Consequently, M.P. Nos.1 and 2 of 2009 are closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar Copies to;
1. The Commissioner Madhavaram Municipality Madhavaram.
2. The Special Commissioner & Commissioner of Urban Land Ceiling and Urban Land Tax Chepauk, Chennai 600 005.
3. The Secretary to Govt. of Tamilnadu Local Administration Department Secretariat, Chennai 600 009.
4. The District Environmental Engineer Tamil Nadu Pollution Control Board Thiruvallur District 7A, South Avenue Road, Ambattur Industrial Estate, Chennai 600 058.
5. The District Collector Tiruvallur District, Tiruvallur.
+1 cc to Government Pleader,SR.27725.
+1 cc to M/s.Rita Chandra sekar, Advocate,SR.27696. Sr(co) krd 19/6 W.P. No. 15298 of 2009