Madras High CourtWP/19648/2018disposed of

Mr.D.Satheesh Kumar v. State Government Of Tamil

2018-08-07Honourable The Acting Chief Justice,Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2018

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.No.19648 of 2018 and W.M.P.No.23079 of 2018 D.Satheesh Kumar .. Petitioner -vs1. State Government of Tamil Nadu, rep.by its Chief Secretary, Fort St.George, Secretariat, Chennai.

2. The Prinicipal Secretary, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai.

3. The Commissioner, Department of Municipal Administration & Water Supply, Government of Tamil Nadu, 6th Floor, Ezhilagam (Annexe Building),

4. The Engineer in Chief (Water Resources Organisation) & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.

5. The Chairman-cum-Managing Director, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai-600 002.

6. The Chairman, The Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.

7. The District Collector - Coimbatore Office of the Collector, Coimbatore-641 018.

8. The Chairman, The Tamil Nadu Water & Drainage Authority Board, Beach Road, Ezhilagam, .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to set up a monitoring committee to implement the ROC No.36378/2014/UGSS-1 dated 26.07.2016 and construct sewerage treatment plant at the earliest for preventing the letting in of drainage and effulents in the river "Bhavani". For Petitioner : Mr.V.S.Senthilkumar For Respondents : Mr.E.Manoharan, Additional Government Pleader for R1, R4 and R7

ORDER

(Order of the Court was made by THE HON'BLE ACTING CHIEF JUSTICE) This writ petition has been filed by the petitioner to direct the second respondent to set up a monitoring committee to implement the the proceedings in ROC No.36378/2014/UGSS-1 dated 26.07.2016 and construct sewerage treatment plant at the earliest for preventing the letting in of drainage and effulents in the river "Bhavani".

2.It is stated by the petitioner that the entire drainage water of the Mettupalayam Town is now being let in to the river "Bhavani" thereby contaminating the water and causing severe water pollution and health hazards to the people who are totally dependent on the "Bhavani" river water for their livelihood. It is also stated that the construction of the check dam in between the river Bhavani is causing stagnation of the water, which has led to mixing up of the river water with drainage water. With these contentions, the learned counsel for the petitioner has submitted that a sewerage treatment plant has to be constructed for preventing letting in of the drainage water into the river. 3.Mr.E.Manoharan, learned Additional Government Pleader, takes notice for the respondents 1, 4 and 7.

4.It appears that no steps have been taken by the authorities for preventing letting in of the drainage water into the Bhavani river. As pointed out by the learned counsel for the

petitioner, sewerage treatment plant has to be constructed. Mixing up of the drainage water with the river water occurs, only due to the lack of proper supervision and maintenance of civil works. Hence corrective measures have to be taken to avoid pollution of water course. They have to work with the principle of providing clean environment to the society at large, to protect the environment. If villages have to be developed, sewage water plants have to be installed, so that no sewage water is let in to the river. Thus, the concerned authorities / Panchayats have to take proper action to prevent such occurrences. With these observations, the petitioner is granted liberty to point out these types of occurrences to the respondents / authorities, to take such remedial measures. 5.The writ petition is disposed of accordingly. No costs. Consequently the connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar KM To

1. The Chief Secretary to Government, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai.

2. The Prinicipal Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai.