Madras High CourtWP/29723/2018disposed of

P.Nallasivam v. Director Of Town Panchayats

2019-01-25Honourable Dr Justice Vineet Kothari,Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.01.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH Writ Petition No.29723 of 2018 & WMP No.34680 of 2018 1 P.Nallasivam S/o.of Periyasamy Hereditary Trustee Sriarulmighu Kaliamman Thirukovil Salaiputhur kodumudi -638 151 .... Petitioner Vs 1 Director of Town Panchayats Directorate of Town Pancayats Kuralaam Chennai -600 108 2 The District Collector Erode District Erode.

3 The Asst.Director of Town Panchayat Collectorate Erode.

4 The Executive Oficer Chennasamuthiram Town Panchayat Salaiputhu Kodumudi .... Respondents PETITION under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondents herein to consider the Representation of the Petitioner dated 19/09/2018 and further direct the 4th Respondent herein not to construct/establish Garbage Dumping and Recycling Plant in the vacant land comprised in S.FNo.321/1 Chenna Samuthiram Village Kodumudi Taluk Erode district.

For Petitioner : Mr.V.P.Sengottuvel For Respondents : Mr.J.Pothiraj, Spl.G.P. - R1 to R3 Mr.Jayaprakash Narayanan - R4

O R D E R

(Order of the Court was made by DR.VINEET KOTHARI,J) Respondent No.4 - The Executive Officer, Chennasamudram Town Panchayat has filed a counter on the last occasion, wherein, in paragraph Nos.8 and 9, he has stated that the project of establishing the Resource Recovery Park (Compost Plant) in S.No.321 of Chennasamuthiram Village, which was being objected to by the petitioner in the present PIL Petition has been since abandoned and is now it is proposed to set up the said Resource Recovery Park (Compost Plant) in S.Nos.551/2, 551/3 and 551/4 of the same village, which is 2 Kms. away from the said S.No.321 has been undertaken.

2. On 18.01.2019 counsel for the petitioner prayed for some time to verify the said statement made in the counter affidavit.

3. Today, learned counsel for the petitioner submits that the facts stated in the counter has been verified to be correct and therefore, the present PIL Petition may be disposed of.

4. Accordingly, having heard the learned counsels, we close the present PIL Writ Petition, as the relief sought for in the present Writ Petition has been granted to the petitioner by the State. No costs. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar sl To 1 Director of Town Panchayats Directorate of Town Pancayats Kuralaam Chennai -600 108 2 The Ddistrict Collector Erode District Erode.

3 The Asst.Director of Town Panchayat Collectorate Erode.

4 The Executive Oficer Chennasamuthiram Town Panchayat Salaiputhu Kodumudi +1cc to Mr.V.P.Sengottuvel, Advocate, S.R.No. 7102 +1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No. 6003 Writ Petition No.29723 of 2018 & WMP No.34680 of 2018 VBA(CO) GN(12/02/2019)