Nalan Chakkaravarthy S v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Nalan Chakkaravarthy ... Petitioner vs.
1.The Director, Directorate of Rural Development and Panchayat, Panagal Maligai, Saidapet, Chennai - 600 015.
2.The Assistant Director (Village Panchayat), District Collector Office, Nagercoil, Kanniyakumari District - 629 001.
3.The Block Development Officer (Village Panchayat), Rajakkamangalam Panchayat Union Office, Pazavilai, Kanniyakumari District - 629 502.
4.The Panchayat President, Pallamthurai Grama Panchayat Office, Pallamthurai, Kanniyakumari District - 629 601.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent 1/5
to implement the order of the second respondent dated 29.04.2022 based on the petitioner's representation, dated 13.10.2021 to remove the garbage, banned plastic and animal waste dumped on the private land by the fourth respondent and consequently further direct them not to dump any garbage, banned plastic and animal waste in the abovesaid property in and around Melakrishnanputhoor Village and neighbour Village, Keezakrishnanputhoor, Agastheeswaram Taluk, Kanniyakumari District and more than 5km radius from their Village.
For Petitioner : Mr.V.S.R.Iyyappen For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For RR 3 & 4 : Mr.V.Nirmal Kumar Government Advocate
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the third respondent to implement the order of the second respondent dated 29.04.2022 based on the petitioner's representation, dated 13.10.2021 to remove the garbage, banned plastic and animal waste dumped by the fourth respondent in the private land and consequently further direct them not to dump any garbage, banned plastic and animal waste in the abovesaid property in and around 2/5
Melakrishnanputhoor Village and neighbour Village, Keezakrishnanputhoor, Agastheeswaram Taluk, Kanniyakumari District and more than 5km radius from their Village.
2.The learned counsel appearing for the petitioner submitted that the fourth respondent collect the garbage, banned plastic and animal waste and dumping the same in the petitioner's Village, namely Melakrishnanputhoor and neighbour Village, Keezakrishnanputhoor. Hence, the petitioner made a representation to the first respondent, who forwarded the same to the second respondent. The second respondent vide proceedings in Na.Ka.No.A4/490/2022, dated 29.04.2022 directed the third respondent to take proper action to remove the garbage and plastic waste. Since the same has not been considered, the petitioner has filed the present Writ Petition.
3.Heard the learned counsel appearing on either side. 4.The petitioner's prayer to implement the order of the second respondent, dated 29.04.2022 has been acted upon by the respondents by the resolution of the Panchayat, dated 20.08.2022, followed by the 3/5
document of gift registered on 09.11.2022, thereby, the authorities concerned are proceeding further under solid waste management scheme. 5.Recording the same, this Writ Petition stands disposed of. No costs. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 25.11.2022 Internet : Yes ps To 1.The Director, Directorate of Rural Development and Panchayat, Panagal Maligai, Saidapet, Chennai - 600 015.
2.The Assistant Director (Village Panchayat), District Collector Office, Nagercoil, Kanniyakumari District - 629 001.
3.The Block Development Officer (Village Panchayat), Rajakkamangalam Panchayat Union Office, Pazavilai, Kanniyakumari District - 629 502.
4.The Panchayat President, Pallamthurai Grama Panchayat Office, Pallamthurai, Kanniyakumari District - 629 601.
4/5
R.MAHADEVAN ,J.
and J.SATHYA NARAYANA PRASAD,J.
ps ORDER MADE IN DATED : 25.11.2022 5/5