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Madras High CourtWP/28559/2019disposed of

B.Sekar v. Chief Secretary

2023-12-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.Sekar : Petitioner Vs 1.Chief Secretary The Government of Tamil Nadu Fort St. George, Chennai 600 009.

2.The District Collector, Krishnagiri District 3.The Commissioner, Krishnagiri Municipality : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st Respondent Chief Secretary the Government of Tamil Nadu to cancel G.O. No. 694 dated 23.12.2010 (Revenue).

For the Petitioner :

Mr.R.Narayanan For the Respondents :

Mrs.R.Anitha, Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Narayanan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. The petitioner challenges the Government Order in G.O.No.694 dated 23.12.2010. The petitioner seeks directions against the respondents from dumping waste garbage and debris of Krishnagiri Municipality in land at S.No.925/4 in Palepalli Village, Krishnagiri District.

3. Mrs.R.Anitha, learned Special Government Pleader submits that counter-affidavit is filed by the second respondent. It is clarified that Krishnagiri Municipality, due to financial problem, is unable to pay the land cost to the Government. Hence, the subject land was not handed over to the municipality and the said land is lying waste. It further stated that the said land cannot be utilised for other purposes. The said land is a grazing land and it cannot be used for dumping waste without the prior permission of this Court.

4. In light of the same, the purpose of the writ petition would stand served. The writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.28300 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index : Yes/No : Yes/No tar To 1.The Chief Secretary Fort St. George, Chennai 600 009.

2.The District Collector, Krishnagiri District 3.The Commissioner, Krishnagiri Municipality

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 07.12.2023