M.Vijayan, v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13061 of 2016 M.Vijayan ... Petitioner Vs.

1.The Assistant Director, Public Health Works, Virudhunagar, Virudhunagar District.

2.The Commissioner, Virudhunagar Municipality, Virudhunagar, Virudhunagar District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus, directing the second respondent to remove the garbage mound from the Melaratha Veethi, adjacent to Veilukanthamman Kovil, Virudhunagar in the light of the instruction issued by the first respondent vide Na.Ka.No.3108/A6/2016, dated 11.05.2016, consequently direct the second respondent not to keep garbage waste in the above mentioned place future.

For Petitioner : Mr.K.P.Narayanakumar For R-1 : Mr.M.Govindan, SGP.

For R-2 : Mr.M.Muthugeethayan

O R D E R

[Order of the Court was delivered by G.R.SWAMINATHAN, J.] The petitioner seeks a direction for removal of the garbage mound from the Melaratha Veethi, adjacent to Veilukanthamman Kovil, Virudhunagar. In this regard the first respondent had already issued instructions on 11.05.2016 to the second respondent.

2.When the matter was taken up for final hearing today, it was reported that the second respondent no longer dumps the garbage waste near the said temple. The second respondent is directed not to dump the garbage waste near the said temple in future also. https://hcservices.ecourts.gov.in/hcservices/

3. Temples are visited by the devotees for several reasons. The primary aim is to pray and find inner silence and peace. Therefore, the ambience of any temple should be clean and neat. If garbage is dumped outside the temple premises, it certainly affects the overall atmosphere. That is why, the first respondent gave instructions to the second respondent to desist from doing so.

4.Admittedly, during the last several months, in view of the pendency of this Writ Petition, the second respondent has kept the place free of any garbage waste. The same shall be continued and second respondent shall keep the place free of garbage waste. Accordingly, this Writ petition is allowed. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Assistant Director, Public Health Works, Virudhunagar, Virudhunagar District.

2.The Commissioner, Virudhunagar Municipality, Virudhunagar, Virudhunagar District.

+1cc to M/S.K.P.Narayanakumar, Advocate SR.No. 77730 +1cc to M/S.M.Muthugeethayan, Advocate SR.No. 77528 W.P.[MD].No.13061of 2016 08.09.2017 GSP/GNS JM/KP/SAR 4/07.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/