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Madras High CourtWP(MD)/699/2024disposed of

V.Jayaraj v. The District Collector

2024-01-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD) No.699 of 2024 and W.M.P. (MD) No.702 of 2024 V.Jayaraj ... Petitioner -vs1. The District Collector, Madurai District, Madurai.

2. The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani,Madurai - 625 007.

3. The Tahsildar, Madurai East Taluk, Madurai.

4. The Block Development Officer (Village Panchayat), Madurai East Panchayat Union,

5. The Zonal Deputy Block Development Officer, Madurai East Panchayat Union,

6. The President, Othakadai Village Panchayat, Madurai East Taluk, 7.The Secretary, Othakadai Village Panchayat, Madurai East Taluk, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direction restraining the 6th and 7th respondents from illegally dumping waste and burning the rubbish along the 4 track road side which runs between Madurai to Trichy National Highways, situated near about 30 metres away from othakkadai - Agricultural College Junction and also lies behind the back of this Hon'ble Madurai Bench of Madras High Court and to remove the leftover wastages and to dump the same in an appropriate places.

For Petitioner :

Mr.C.Masilamani For R1 & R3 :

Mr. P. Thilakkumar Government Advocate For R2 :

Mr.P.Karthick

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of writ of Mandamus seeking a direction restraining the 6th and 7th respondents from illegally dumping waste and burning the rubbish along the 4 track road side.

2. When the matter is taken up hearing, the learned Government Pleader appearing for the respondents 1 and 3, on instructions, would submit that pursuant to the complaint, action has been taken to restrain the respondents 6 and 7 from illegally dumping waste and burning the rubbish in the property in question.

3. The learned counsel for the petitioner has disputed the said submission.

4. Considering the rival submissions, we direct the respondents 1 and 3 to restrain the respondents 6th and 7th respondents from illegally dumping waste and burning the rubbish along the 4 track road side which runs between Madurai to Trichy National Highways, situated near about 30

metres away from Othakkadai - Agricultural College Junction and also lies behind the back side of this Court and to remove the leftover wastages and to dump the same in appropriate places.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] 11.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No CM

To:

1. The District Collector, Madurai District,

2. The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai - 625 007.

3. The Tahsildar, Madurai East Taluk,

4. The Block Development Officer (Village Panchayat), Madurai East Panchayat Union,

5. The Zonal Deputy Block Development Officer, Madurai East Panchayat Union,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

CM W.P.(MD) No.699 of 2024 and W.M.P. (MD) No.702 of 2024 11.01.2024