Anthony Raj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2019
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI and W.M.P.(MD)Nos.15763 & 15766 of 2019 Anthony Raj Secretary Malligai Kudiiruppu Nala Sangam Sattur ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Commissioner, Sattur Municipality, 3.The District Environmental Engineer, Tamilnadu Pollution Control Board, 4.The Tahsildar, Sattur Taluk, ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 2nd respondent made in Na.Ka.No.327/2018/M1, dated 20.03.2019 and quash the same as illegal and consequentially direct respondents 1 1/4
and 2 not to set up the Micro Compost Processing Unit in the land earmarked for public park comprised in Survey Nos.181/1 and 181/2 at Ward No.3, Old Trunk Road at Sattur Town in Virudhunagar District.
For Petitioner : Mr.V.Angusamy For Respondents : Mr.A.K.Baskarapandian (R1 & R4) Special Government Pleader For Respondent-2 : Mr.M.Kannan For Respondent-3 : Mr.Vasanthakumar
O R D E R
(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.V.Angusamy, learned learned counsel appearing for the petitioner, Mr.A.K.Baskarapandian, learned Special Government Pleader for R1 and R4, Mr.M.Kannan, learned standing counsel for R2 and Mr.Vasanthakumar, learned standing counsel appearing for R3.
2. This Writ Petition, designed as a Public Interest Litigation, has been filed by one Mr.Antony Raj, who is stated to be the Secretary of "Malligai Kudiiruppu Nala Sangam". The petitioner is aggrieved by a Notice issued by the respondent viz., the Commissioner, Sattur Municipality, whereby the public had been intimated about establishment of a Micro Compost Processing Unit, as a part of Solid Waste Management.
3. The petitioner would contend that the Solid Waste Management Rules, 2016 has been violated. Approval has not been obtained from the Tamil Nadu Pollution Control Board and if the land, which was reserved for Public park, is to be converted into a Micro Compost Processing Unit, the residents of the locality will be affected.
4. The respondents would justify their action by contending that there is scrupulous compliance of the requisite Rules and insofar as Survey No.181/1 is concerned, the respondent Municipality has obtained approval from the TNPCB and due care would be taken to ensure absolute hygienic operations and there will be no nuisance to the local public.
5. Since the scheme of establishing Micro Compost Processing Unit in various localities is in public interest to decentralize the accumulation of solid waste, the proposal of the 2/4
respondent Municipality cannot be interfered with. However, the interest of the residents and the public in the area cannot be compromised at any point of time. The safety of the residents should be protected. There should not be any noise or air pollution and the Municipality has to ensure that they scrupulously follow the Rules governing the establishment and functioning of the Micro Compost Processing Unit. It is not clear as to whether a compound wall will be erected around the Compost Yard.
6. Therefore, we direct that a compound wall should be erected in all four sides of Micro Compost Processing Unit with minimum height of six feet and the operation carried on in the Micro Compost Processing Unit should adhere to the relevant Rules and in the event, if there is any violation in following the rules or any nuisance or air pollution is caused, we give liberty to the petitioner / residents Association to take up the matter once again before the appropriate authority and the appropriate Forum.
7. With the above observation, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) MPK To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Commissioner, Sattur Municipality, 3.The District Environmental Engineer, Tamilnadu Pollution Control Board, 3/4
4.The Tahsildar, Sattur Taluk, +1 CC to M/s.A.BALAJI, Advocate ( SR-85668[F] dated 06/09/2019 ) +1 CC to M/s.M.KANNAN, Advocate ( SR-85844[F] dated 09/09/2019 ) +1 CC to M/s.GP ( SR-85916[F] dated 09/09/2019 ) 06.09.2019 KM/(23.09.2019) 4P 8C 4/4