Woraiyur - Pandamangalam v. The Director Of Town And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1785 of 2017 and W.M.P(MD)Nos.1470 of 2017 Woraiyur - Pandamangalam and Thamalavarubayam Village Agriculturists Sangam, Trichy Rep.by its Secretary K.R.Pitchai ... Petitioner Vs.
1.The Director of Town and Country Planning, Chennai.
2.The Member Secretary / District Collector, Local Planning Authority, No.10-b, Willam's Road, Cantonment, Trichirappalli-1.
3.The District Collector, O/o.The District Collector, Trichy.
4.The Commissioner, Trichirappalli City Corporation, Promenade Road, Cantonment, Trichy-1.
5.Mr.Damodaran, Founder The Gramalaya.
C 62,B, 10th Cross Further West Extension, Thillai Nagar, Trichy-18 ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear forbearing the respondents from establishing any unit in S.F.No.159 of Pandamangalam Village, Trichy District as against the Master Plan approved by the first respondent.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Govindan, Spl.G.P for RR1 to 3 Mr.N.S.Karthikeyan, Spl.G.P for R4 Mr.M.Gnanagurunathan for R5
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks to restrain the respondents from establishing a Faccal Sludge Treatment Plant in S.F.No.159 at Pandamangalam Village, Trichy District.
2.It is the contention of the writ petitioner that establishing the unit in question would run counter to the zoning classification in the master plan and that there would be a grave environmental hazard. He therefore submitted a representation in this regard. But the same was not considered. Therefore the present writ petition came to be filed.
3.The learned standing counsel appearing for the Trichy Corporation filed his counter affidavit and also a typed set of papers pointing out that zone in question had already been reclassified and therefore there cannot be any objection for establishing the unit in question.
4.The learned counsel for the writ petitioner contended that the environment impact has not been taken into account at all by the authorities concerned.
5.We are not inclined to go into the merits of this case. We are of the view that the writ petition is liable to be dismissed on the ground that the writ petitioner can very well move the National Green Tribunal, Chennai. The said judicial forum has been constituted to go into the environmental related issues. It is also an expert body. Matters such as the present one are to be filed before the said forum. 6.We therefore dismiss this writ petition with liberty to the writ petitioner to file an appropriate application before the National Green Tribunal, Chennai. If the writ petitioner files such an application within one week from the date of receipt of a copy of this order, the same can very well be entertained without reference to limitation. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar
To 1.The Director of Town and Country Planning, Chennai.
2.The Member Secretary / District Collector, Local Planning Authority, No.10-b, Willam's Road, Cantonment, Trichirappalli-1.
3.The District Collector,O/o.The District Collector, Trichy. 4.The Commissioner, Trichirappalli City Corporation, Promenade Road, Cantonment, Trichy-1.
+One cc to Mr.N.S.Karthikeyan, Advocate, SR.No.75186 +One cc to Mr.P.Ganapathi Subramanian, Advocate, SR.No.75223 +One cc to The Special Government Pleader, SR.No.75069 skm/Arul RL/8C/3P/RSK/SAR1/15/9/2017 W.P(MD)No.1785 of 2017 24.08.2017