S.Sasikumar v. The District Collector -Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No. 1877 of 2017 and W.M.P(MD)No.1541 of 2017 S.Sasikumar ... Petitioner Vs.
1. The District Collector -cum- Inspector of Panchayats, Kanyakumari District @ Nagercoil.
2. The Assistant Director (Panchayats), Kanyakumari District @ Nagercoil.
3. The Block Development Officer (Village Panchayats), Melpuram Panchayat Union, Pacode, Kanyakumari District.
4. The President/Executive Officer, Manjalumoodu Village Panchayat, Manjalumoodu and Post, Kanniyakumari District.
5.The Executive Officer, Arumanai Town Panchayat, Arumanai, Kanyakumari District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to cancel the proposed construction of 'Solid Waste Management Yard' project by the fifth respondent in the fourth respondent village limit based on the petitioner's joint representation dated 27.06.2016 to the respondent herein.
For Petitioner : Mr.K.Vamanan For Respondents : Mr.D.Murugananthan Additional Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to cancel the proposed construction of Solid Waste Management Yard Project by the fifth respondent in the village limit of fourth respondent, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Kamugara Veedu, Karode Village, Kanyakumari District. Further it is averred in the petition that the respondents 1 to 3 have decided to construct Solid Waste Management Yard in the village limit of the fourth respondent and the same would cause so many inconvenience to the general public and also wild animals. Under the said circumstances, a representation has been given on 27.06.2016. But the same has not been considered and therefore the present writ petition has been filed for getting the relief sought therein.
3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for all the respondents.
4.It is seen from the records that on 27.06.2016, a representation has been given to the respondents 1 to 3 for the purpose mentioned in the petition. But the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.
5.In fine, this writ petition is allowed in part without costs and the respondents 1 to 3 are directed to look into the representation dated 27.06.2016 alleged to have been given by the general public and dispose of the same within a period of ten days. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar smn To
1. The District Collector-cum-Inspector of Panchayats, Kanyakumari District @Nagercoil.
2. The Assistant Director (Panchayats), Kanyakumari District @ Nagercoil.
3. The Block Development Officer (Village Panchayats), Melpuram Panchayat Union, Pacode, Kanyakumari District.
4. The President/Executive Officer, Manjalumoodu Village Panchayat, Manjalumoodu and Post, Kanniyakumari District.
5. The Executive Officer, Arumanai Town panchayat, Arumanai, Kanyakumari District.
+1cc to Mr.K.Vamanan, Advocate, SR NO: 6036 +1cc to THE SPECIAL GOVERNMENT PLEADER, SR NO:6286 GJM/RSK/SAR-2:06.02.2017/3P-8C ORDER MADE IN W.P(MD)No.1877 of 2017 and W.M.P.(MD)No.1541 of 2017 03.02.2017