Karuppiah v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP (MD) Nos.16275 and 16276 of 2025

1. Karuppiah

2. Palanisamy ... Petitioners vs.

1. The District Collector, Sivagangai District.

Sivagangai.

2. The Tahsildar, Karaikudi Taluk, Sivagangai District.

3. The Executive Officer, Pallathur Town Panchayat, Sivagangai District.

4. The Chairman, Pallathur Town Panchayat, Sivagangai District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the garbage and solid wastage on the water channel in Survey No.232/2 situated at 5th ward, Pallathur, Pallathur Town Panchayat, Sivagangai District on the basis of the representation dated 24.07.2025.

For Petitioner : Mr.G.Sivakumar For R1 & R2 : Mr.P.Thilak Kumar Government Pleader

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to remove the garbage and solid wastage on the water channel in Survey No.232/2 located in 5th ward, Pallathur, Pallathur Town Panchayat, Sivagangai District, based on the petitioner's representation dated 24.07.2025.

2/6

2. Heard Mr.G.Sivakumar, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 and 2.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 3 and 4 is dispensed with.

4. The petitioner asserts that they are local residents of the Pallathur Town Panchayat. The grievance of the petitioners is that garbage and solid waste are being dumped in Survey No.232/2 which is a water channel that carries rainwater to a nearby pond. As a result, the water channel has become completely clogged and the water pond is gradually turning into a dumping yard, posing serious environmental hazards. Furthermore, without considering the objections raised by the residents, the respondents are now attempting to dump garbage in Survey No.232/1 which is classified as Government poramboke land. In this 3/6

regard, the petitioners submitted a detailed representation dated 24.07.2025 to the respondents, requesting to take appropriate remedial action. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.

5. The learned Government Pleader appearing on behalf of the respondents 1 and 2 submitted that the authorities have sent a proposal for identifying a suitable location to dump the garbage and solid waste. In the meantime, the representation of the petitioners will be duly considered and appropriate orders will be passed, within a stipulated time frame, in accordance with law.

6. Considering the facts and circumstances of the case, without going into the merits of the case, this Writ Petition is disposed of with a direction to the respondents 1 and 2, to consider the representation of the petitioners dated 24.07.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) 4/6

weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. No costs. Consequently, connected miscellaneous petitions are closed. [A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. The District Collector, Sivagangai District.

Sivagangai.

2. The Tahsildar, Karaikudi Taluk, Sivagangai District.

3. The Executive Officer, Pallathur Town Panchayat, Sivagangai District.

4. The Chairman, Pallathur Town Panchayat, Sivagangai District.

5/6

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

PKN ORDER MADE IN DATED : 01.08.2025 6/6