Madras High CourtWP(MD)/1073/2018disposed of

A.Thangapandian, S/O.Arumugam v. The Superintendent Of Police

2018-01-19Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P(MD) No.1073 of 2018 A.Thangapandian ... Petitioner -Vs1. The Superintendent of Police, O/o. The Superintendant of Police,

2. The Deputy Superintendent of Police, Aruppukottai,

3. The Inspector of Police, Kariapatti Police Station, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue writ of mandamus directing the 1st and 2nd respondent to grant permission for conducting Demonstration to close "Ramki Bio Medical Waste Unit" in A.Mukkulam Village, Tirupuvanam via, Virudhunagar District on 23.01.2018 between 11.00 a.m. to 01.00 p.m. at opposite to Tahsildar Office, Kariapatti, For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.V.Anand Government Advocate

O R D E R

This writ petition has been filed seeking permission to conduct Demonstration to close "Ramki Bio Medical Waste Unit" in A.Mukkulam Village, Tirupuvanam via, Virudhunagar District, on 23.01.2018 between 11.00 a.m. to 01.00 p.m. at opposite to Tahsildar Office, Kariapatti, Virudhunagar District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned counsel appearing for the petitioner submitted that the petitioner is one of the organisers of "Ramki Ethirppu Poratta Kuzhu" consisting of A.Mukulam and nearby 20 village people. In the year of 2006, Ramki Energy Environmental Limited had installed one Bio-Medical Waste Disposal Unit in the petitioner's A.Mukkulam Panchayat. Since it is endanger to human life and located in the residential area, people of the petitioner's village and 25 nearby villages are opposing the said Unit. The said bio-medical wastes were brought from more than 600 Government and Private Hospitals i.e., from Madurai, Theni, Virudhunagar, Ramanathapuram and Dindigul District.

Due to the said disposal of bio-medical waste, the villagers are affected severely with kidney diseases, cancer and so many air and water borne diseases and more than 100 people died due to kidney related diseases and cancer and a number of cattle also died in those villages. He further submitted that based on the judgment of the National Green Tribunal passed in the year 2013, the Bio-Medical Waste Disposal Units should get Environmental clearance from the concerned authorities. But, so far, the said Ramki Unit has not get an approval from the Ministry of Environment and Forest. Hence, the villagers are planning to conduct a demonstration to close the said Ramki Bio-Medical Waste Unit situated in A.Mukulam Village, Tirupuvanam via, Virudhunagar District on 23.01.2018 between 11.00 a.m. and 01.00 p.m.

at opposite to Tahsildar Office, Kariapatti, Virudhunagar District. Hence, he seeks police protection for the same.

4. Considering the said submissions, the first respondent/the Superintendent of Police, Virudhunagar District, is directed to consider the representation given by the petitioner and pass appropriate orders on or before 22.01.2018.

5. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. The Superintendant of Police,

2. The Deputy Superintendent of Police, Aruppukottai,

3. The Inspector of Police, Kariapatti Police Station, +1cc to Mr.S.Vanchinathan, Advocate Sr.No.42975 PJL VB/JC/SAR1/22/01/2018/3P/5C W.P(MD) No.1073 of 2018 19.01.2018