The Registrar(Judicial) v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
... Petitioner Vs.
1.The Principal Secretary to Government, Municipal Administration Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009. 2.The District Collector, Madurai.
3.The Commissioner, Corporation of Madurai, Madurai City, Madurai.
... 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 clean the Panthalkudi channel within a time prescribed by this Court; (2) to take preventive and punitive measures to control it from becoming a dumping yard; (3) to arrest the sewage leak from the old sewage pipeline at Alwarpuram/replace the said old leaking pipeline by a new one; and (4) to check on the cleanliness of the public places, periodically. For Petitioner : Mr.D.Sivaraman For RR 1 & 2 : Mr.K.P.Krishnadass Special Government Pleader For R - 3 : Mr.R.Murali Standing Counsel
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.D.Sivaraman, learned counsel appearing for the petitioner, Mr.K.P.Krishnadass, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.R.Murali, learned Standing Counsel appearing for the third respondent. 2.This is a suo motu Writ Petition entertained by taking note of the indiscriminate discharge of sewage water into river Vaigai and also dumping of garbage waste in Panthalkudi Channel. 3.Today, Action Taken Report has been submitted by the learned Standing Counsel for the Madurai Corporation and stated that the sewage treatment plant at Panthalkudi Channel has been inaugurated and put to trial, which is as follows:- 1/4
2/4
4.Along with above report, photo copies have also been annexed. Thus, we are satisfied that the project has been commenced and the third respondent/Corporation should ensure that the project is fully functioning.
5.The learned Standing Counsel appearing for the third respondent/Corporation submitted that Bharath Petroleum Corporation Limited have sanctioned funds as part of their CSR fund initiative and the third respondent/Corporation will ensure that the plant is functioning effectively. The higher officials of the Corporation shall make surprise visit then and there to ensure that the project is fully functioning.
6.Mr.D.Sivaraman, learned counsel appearing for the petitioner would submit that the Court was also concerned about the indiscriminate dumping of municipal garbage waste in the Vaigai river and the abetting areas, which is a civic responsibility of the third respondent/Corporation, that too, we can express that the third respondent/Corporation can adopt all ways and means to clear the garbage and before that the public leaving behind the garbage in the Vaigai river should be sensitized, for which also, the Corporation can look into the matter, so that the public at large should ensure that the waste generated from their homes should not be thrown in the open road or in the channel or in the river and also to educate them as to the importance of segregating garbage at source.
7.A programme be conducted by the third respondent/Corporation in this regard and to implement the same at the earliest. The third respondent/Corporation shall also simultaneously initiate programmes to sensitize the public for using plastics which are banned for use and also device certain methods for making things/articles from the different house-hold.
8.With the above observations, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 3/4
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Principal Secretary to Government, Municipal Administration Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
2.The District Collector, Madurai.
3.The Commissioner, Corporation of Madurai, Madurai City, Madurai.
+1 CC to M/s.R.MURALI, Advocate ( SR-15819[F] dated 15/04/2021 ) +1 CC to M/s.SPL GP ( SR-15842[F] dated 15/04/2021 ) ORDER MADE IN 09.04.2021 GS (28.04.2021) 4P 6C 4/4