Ravi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.26232 of 2023 Ravi : Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Commissioner, Aranthangi Municipality, 5.The President, Rathinakottai Panchayat,
6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.1, SIPCOT Campus, Pudukkottai, Pudukkottai District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take necessary steps to prevent the mixing of sewage water in the Vairivayal Kanmai and keep the Kanmoi water fit for irrigation for agricultural purpose within the time limit as fixed by this Court.
For Petitioner : Mr.N.TamilMani For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 to R3 & R5 Mr.S.Kameswaran, Standing Counsel for R4 Ms.M.Sudharani, for Ms.Vijaya Kumari Natarajan, Standing Counsel for R6
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ petition' ['WP' for the sake of brevity] has been filed in this Court on 30.10.2023 as a 'Public Interest Litigation' ['PIL' for the sake of brevity] with a mandamus prayer and the mandamus sought is qua
respondents to take necessary steps to prevent mixing of sewage water in a water body known as 'Vairivayal Kanmai'.
2. Mr.N.Tamilmani, learned counsel for PIL petitioner, adverting to the case file, submitted that representation was sent as early as on 01.05.2022 followed by a reminder dated 13.09.2023. It may not be necessary to delve more into facts owing to the trajectory the matter took in the admission board which shall be set out infra.
3. Issue notice. Mr.P.Thilak Kumar, learned Government Pleader accepted notice for respondents 1 to 3 and 5, Mr.S.Kameswaran, learned Standing Counsel accepted notice for respondent No.4 and Ms.M.Sudharani, learned counsel representing Ms.Vijaya Kumari Natarajan, learned Standing Counsel accepted notice for respondent No.6.
4. Owing to the nature of the matter and considering the facts and circumstances of the case, with the consent of both sides main Writ Petition was taken up in the Admission Board itself.
5. Learned Government Pleader for respondents 1 to 3 and 5 and learned counsel for fourth respondent, on instructions, submitted that sewerage treatment plant is to be set up to alleviate the difficulty projected by the learned counsel for PIL petitioner. Learned State Counsel submits that land has been identified and administrative sanction has been given for the proposal ie., proposal for setting up sewerage plant by the Director of Municipal Administration.
6. Learned Government Pleader submits that every effort will be taken to set up the plant and the process is underway. Learned State Counsel also submits that it would be a fairly huge project and the project cost is likely to be very high.
7. As the grievance projected by the petitioner is being addressed, it will suffice to say that the respondents will do well to carry the matter to its logical end as expeditiously as the business of the executive arm would permit.
8. Considering the submission that it is a huge project, if there is undue delay, it is open to the petitioner and or any one concerned for this matter to come to this Court again with similar / same prayer.
9. Captioned Writ petition is disposed of recording the stated position of the parties. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] 03.11.2023 Index : Yes/No vsm To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, 3.The Tahsildar,
M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm 4.The Commissioner, Aranthangi Municipality, 5.The President, Rathinakottai Panchayat, 6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.1, SIPCOT Campus, Pudukkottai, Pudukkottai District.
W.P.(MD)No.26232 of 2023 03.11.2023