V.Muthukumar v. The State Of Tamil Nadu
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 06.02.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMER W.P.No.33806 of 2019 and WMP.Nos.34315 and 34318 of 2019 V.Muthukumar ..Petitioner -vs1.The State of Tamil Nadu, Rep. by District Collector, Kancheepuram District, Kancheepuram.
2. The Executive Officer, Tiruneermalai Town Panchayat, Chennai-600044 3.Highways Department, Rep by its Engineer, No.76 Sardar Patel Road, Anna University, Opposite Raj Bhavan, Chennai-600025.
4. The Regional Transport Officer, No.58, Old State Bank Colony Road, Kishkinta Road, Tambaram West, Chennai-600045.
5. The Assistant Commissioner of Police, S-5 Pallavaram Police Station, Pallavaram, Chennai- 600 043.
..Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to take suitable actions by preventing the sewage waste vehicles from dumping the sewage and chemical wastes in the Thiruneermalai.
2/3 For Petitioner : Mr.K.Shyam Sunder For Respondents : Mr.J.Pothiraj Special Government Pleader
ORDER
(By Dr.Vineet Kothari,J.) The petitioner has filed this Writ Petition seeking for a direction to the respondents to take suitable action by preventing the sewage waste vehicles from dumping the sewage and chemical wastes in the Thiruneermalai.
2. Upon issuance of notice, the learned counsel for the respondents have filed counter affidavit of Mr.S.Jayakumar, the Executive Officer, Tiruneermalai Town Panchayat, Chennai, the Status Report of the Assistant Commissioner of Police, S-5 Pallavaram Police Station, Pallavaram, Chennai, as well as the status report of The Regional Transport Officer, Chennai. The Status Report of the Assistant Commissioner of Police, S-5 Pallavaram Police Station, Pallavaram, Chennai reflects that in the year 2019, seven cases have been filed against the offending persons in this regard and twenty cases has been registered against the accused persons between 2017-2019 and they are under investigation.
3. The learned Special Government Pleader appearing for the respondents would submit that respondents undertake to keep a continuous watch and vigil in the said area by taking suitable steps for removal of garbage so that no environment hazard is caused to the residents of the said village.
4. Upon such submissions and materials placed on record, we are satisfied that this Writ Petition is may be disposed of by directing the respondents to keep continuous watch and vigil in the said area and not cause the environment hazard by the illegal dumping of the solid wastes except at the specified place. The details of the cases, which have been filed in the counter are taken on record and the respondents are directed to vigorously pursue the same in accordance with law. It is made clear that if the petitioner comes with any grievance, he may approach the Assistant Commissioner of Police, Pallavaram, the fifth respondent herein who upon receipt of such complaint shall take action in this regard.
3/3 With the above observations, this Writ Petition (PIL) is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(C.S.III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, State of Tamil Nadu, Kancheepuram District, Kancheepuram.
2. The Executive Officer, Tiruneermalai Town Panchayat, Chennai-600044
3. The Engineer, Highways Department, No.76 Sardar Patel Road, Anna University, Opposite Raj Bhavan, Chennai-600025.
4. The Regional Transport Officer, No.58, Old State Bank Colony Road, Kishkinta Road, Tambaram West, Chennai-600045.
5. The Assistant Commissioner of Police, S-5 Pallavaram Police Station, Pallavaram, Chennai- 600 043.
+2cc to M/s.N.Vinothini, Advocate Sr.No.9444 +1cc to The Government Pleader Sr.10392 AKM/06.02.2020 /3P-9C/ W.P.No.33806 of 2019