← Library
Madras High CourtWP/44109/2016disposed of

Elephant G.Rajendran, v. The Collector,

2016-12-22Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.44109 of 2016 Elephant G.Rajendran .. Petitioner Vs.

1. The Collector Ariyalur, Ariyalur District.

2. The Municipal Commissioner Jayamkondam Municipality Jayamkondam Ariyalur District.

3. The President Pudukudi Village Panchayat Andimadam Panchayat Union Ariyalur District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus forbearing the respondents from dumping the garbage solid waste materials into the Vettukuli (tank) situated in an area of 8.39 Hectares in S.Nos.519/9, 519/2 of Elaiyur Village, Andimadam Panchayat Union, Ariyalur District.

For Petitioner : Mr.Elephant G.Rajendran Party-in-Person https://hcservices.ecourts.gov.in/hcservices/

For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for 1st respondent Mr.P.Srinivas for 2nd respondent Mr.R.Vijayakumar Addl. Government Pleader for 3rd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) It is pointed out to us that the National Green Tribunal has dealt with the subject matter land in Application No.217 of 2015 and has observed that since the District Collector has alienated the land in favour of the municipality and the statutory authority, i.e., SPCB has granted No Objection Certificate as well as authorization to establish the disposal facility, the site falling in government poramboke land, the apprehensions of the residents are taken care of.

2. We would, thus, not like to embark on another enquiry on the same aspect, the specialized body of Green Tribunal having dealt with the issue.

The petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.37919 of 2016 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sasi Sub Assistant Registrar To:

1. The Collector Ariyalur, Ariyalur District.

2. The Municipal Commissioner Jayamkondam Municipality Jayamkondam Ariyalur District.

+ 1 cc to Mr.P. Srinivas, Advocate SR.76011 + 1 cc to the Government Pleader Sr.74995 W.P.No.44109 of 2016 RK(CO) EU 02.1.17 https://hcservices.ecourts.gov.in/hcservices/