Palanikumar K.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15271 of 2021 & W.M.P.(MD)No.12179 of 2021 1.K.S.Palanikumar 2.S.Karthikeyan Kaathan 3.P.Kaathan Rajkumar 4.A.Kasthuri 5.A.Devika Rani 6.P.Selvatharasi 7.Kousalya Chandrasekaran 8.S.Packialakshmi ....Petitioners Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for a writ of mandamus forbearing the respondents from dumping any garbage or constructing any garbage yard in Tappaliyanthal Kanmai catchment area in S.Nos.112/8, 112/9 and 112/10, Theli Village, Thiruppuvanam Taluk, Sivagangai District. 1/5

For Petitioner : Mr.J.Barathan For Respondents : Mr.B.Saravanan, Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus forbearing the respondents from dumping garbage or constructing garbage yard at Tappaliyanthal Kanmai catchment area in S.Nos.112/8, 112/9 and 112/10 of Theli Village, Thiruppuvanam Taluk, Sivagangai District.

2. The third respondent has filed a counter affidavit and relevant portion in the counter affidavit is extracted hereunder. "4. I respectfully state that originally, the prayer sought for in this writ petition has already been considered by the respondents in favour of the petitioners and the general public. In fact, the land in S.Nos.112/8, 112/9 and 112/10, Theli Village, Thiruppuvanam Taluk, Sivagangai District was chosen to construct a garbage yard (Valamigu Poonga). But subsequently, there were several objections raised by the general 2/5

public of the locality including the petitioners herein to construct the said garbage yard in the above said land. In view of the objections given by the public, now it has been decided by the authorities to shift the said proposed garbage yard to some othe place and not to construct in S.Nos.112/8, 112/9 and 112/10, Theli Village, Thiruppuvanam Taluk, Sivagangai District."

3. It is clear from the above that the third respondent has now chosen some other place for construction of the garbage yard.

4. Recording the same, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 27.11.2023 NCC : Yes/No Index : Yes/No Speaking / Non-speaking order mbi 3/5

To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

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N.ANAND VENKATESH,J.

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