P. Vijayalakshmi v. The Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE S.ANANTHI P.Vijayalakshmi .. Petitioner Vs 1.The Secretary to Government, Department of Environment and Forests, Fort St. George, Government of Tamil Nadu, Chennai - 600 009.
2.The District Collector, Madurai Collectorate, Madurai District.
3.The District Environment Engineer, Tamil Nadu Pollution Control Board, SIDCO Industrial Estate, Kappalur, Thirumangalam Taluk, Madurai - 625 008.
4.The Tahsildar, Madurai East Taluk, Othakadai, Madurai District.
5.The Block Development Officer, Madurai East Panchayat Union, Chokkikulam, Madurai - 625 002.
6.The Executive Officer, Othakadai Panchayat, Madurai.
7.The President, Othakadai Panchayat, Madurai.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents herein to immediately stop illegal hazardous dumping of the garbage and continuous burning of corpse in cremation ground at Othakadai and consequently direct the Respondents to construct an electric crematorium for burning of corpses in the said area. For Petitioner :Mr.S.Suresh for M/s.Aiyar and Dolia For Respondents :Mr.A.K.Manickam Special Government Pleader for R1, R-2 and R4 to R6 Ms.Vijayakumari Natarajan
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Writ Petition was filed to seek a direction to the respondents to stop dumping of hazardous garbage and continuous burning of corpse in cremation ground.
2. Learned Special Government Pleader submits that the dumping of garbage has been stopped completely and therefore, the writ petition has become infructuous for the aforesaid.
3. Learned counsel for the petitioner submits that let there be an electronic cremation system to which opposition has been made by the Government Pleader stating that it is a small village where the proposal of the petitioner is not workable.
4. Taking into consideration of facts narrated by the parties, we find the Writ Petition to be infructuous for the reason that now dumping of garbage has been stopped by the respondents, however, we dispose of the writ petition with a direction to the respondents not to permit dumping of hazardous garbage even in future at the place in question. No costs.
(M.N.B., CJ.) (S.A.I., J.) 27.07.2022 Index :Yes/No pm-sj
To 1.The Secretary to Government, Department of Environment and Forests, Fort St. George, Government of Tamil Nadu, Chennai - 600 009.
2.The District Collector, Madurai Collectorate, Madurai District.
3.The District Environment Engineer, Tamil Nadu Pollution Control Board, SIDCO Industrial Estate, Kappalur, Thirumangalam Taluk, Madurai - 625 008.
4.The Tahsildar, Madurai East Taluk, Othakadai, Madurai District.
5.The Block Development Officer, Madurai East Panchayat Union, Chokkikulam, Madurai - 625 002.
M.N.BHANDARI, CJ.
and S.ANANTHI , J.
pm/sj 27.07.2022