Ngo Colony Welfare v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.7296 & 7297 of 2019 NGO Colony Welfare Association, (Reg.No.31/78), Represented by the Secretary, Dinesh R.Shankar.

... Petitioner vs.

1.The State of Tamil Nadu, Represented by the Secretary to Government, Public Health Department, Fort St. George, Chennai.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The District Environmental Engineer, Pollution Control Board, No.318/46A, Water Tank Road, 1/6

4.The Executive Engineer, Public Works Department, 5.The Commissioner, Nagercoil Municipality, 6.The Health Inspector, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned rejection order passed by the second respondent dated 08.02.2019 and quash the same and further forbearing the fifth respondent from establishing the dumping yard for storing garbage and segregation of Bio degradable and Non Bio Degradable waste in the middle of the residential area at Sy.No.402/2A1A1A, Madhusoothanapuram North Village, Agasteeswaram Taluk, Kanyakumari District as per the condition No.(vii) in schedule 1 of Solid Waste Management Rules, 2016 by considering the representation dated 06.03.2019 and further directing the fifth respondent to choose alternative site in Sy.No.M7/9-2 of Vadiveeswaram South Village, Agasteeswaram Taluk, Kanyakumari District having an extent of 18 acres for establishing the garbage dumping and processing centre.

2/6

For Petitioner : Mr.T.Arul For RR 1, 2, 4 & 6 : Mr.P.Thilak Kumar Government Pleader For R - 3 : M/s.Madhuri Donti Reddy For R - 5 : Mr.P.Athimoola Pandian

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) When the matter was taken up for hearing today, the learned counsel appearing for the third respondent, namely the Pollution Control Board, submitted that an inspection was conducted on 24.06.2025 and a decision was subsequently taken. Thereafter, the proposal for establishing a dumping yard for storing garbage and segregating biodegradable and non-biodegradable waste in the middle of the residential area at Survey No. 402/2A1A1A, Madhusoothanapuram North Village, Agasteeswaram Taluk, Kanyakumari District, has been dropped.

3/6

2.In view of the above submission, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 4/6

1.The State of Tamil Nadu, Represented by the Secretary to Government, Public Health Department, Fort St. George, Chennai.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The District Environmental Engineer, Pollution Control Board, No.318/46A, Water Tank Road, 4.The Executive Engineer, Public Works Department, 5.The Commissioner, Nagercoil Municipality, 6.The Health Inspector, 5/6

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 01.07.2025 6/6