S. Kothandaraman, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.15881 of 2013 and M.P.(MD)No.1 of 2013 S.Kothandaraman : Petitioner Vs.

1.The District Collector, Madurai District, Madurai-625 020.

2.The Commissioner, Madurai Corporation, Madurai-625 020.

3.The District Environmental Engineer, Madurai District, Tamil Nadu Pollution Control Board, Kappalur, Madurai District.

4.The Authorized Officer, M/s.Madurai Municipal Waste Processing Company (P) Ltd., Madurai Corporation, 625, TPI-Avaniyapuram Road, Vellakkal, Madurai-625 012.

5.The Station Officer, District Fire Office, Near Periyar Bus Stand, Mela Veli Street, Madurai-625 001.

6.The Superintendent of Police, Madurai District, Madurai-625 007.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to monitor the fourth respondent's Municipal

Solid Waste Management in his establishment situated in No.625, TPI-Avaniapuram Road, Vellakal, in Survey Nos.625/1, 2, 3; 627/1, 2; 628, 629, 647, 648 in Avaniyapuram Village, Madurai South Taluk, Madurai District, consequently, instruct the fourth respondent to fulfill all the special conditions imposed in the consent orders Nos.5947, 6007, dated 02.08.2012 granted by the third respondent in order to save the environment by considering the petitioner's representation dated 31.08.2013 within the stipulated time as fixed by this Court.

For Petitioner : No Appearance For Respondents 1,5&6 : Mr.T.R.Janarthanan, Additional Government Pleader For Respondent No.2 : Mr.R.Murali For Respondent No.3 : No Appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] This Public Interest Litigation has been filed by the petitioner seeking a general direction to the respondents 1 to 3 to monitor the fourth respondent's Municipal Solid Waste Management in his establishment situated in No.625, TPIAvaniapuram Road, Vellakal, in Survey Nos.625/1, 2, 3; 627/1, 2; 628, 629, 647, 648 in Avaniyapuram Village, Madurai South Taluk, Madurai District and consequently, instruct the fourth respondent to fulfill all the special conditions imposed in the consent orders Nos.5947, 6007, dated 02.08.2012 granted by the third respondent in order to save the environment, by considering the petitioner's representation dated 31.08.2013.

2. When the Writ Petition was taken up, there was no representation on behalf of the petitioner. The petitioner also has not made appearance. The learned Standing Counsel for the Madurai Corporation submitted that the Municipal Solid Waste Management was earlier entrusted to a Contractor. However, the Contractor had abandoned. Therefore, now the Corporation itself is doing the job. The same is recorded. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar

To 1.The District Collector, Madurai District, Madurai-625 020.

2.The Commissioner, Madurai Corporation, Madurai-625 020.

3.The District Environmental Engineer, Madurai District, Tamil Nadu Pollution Control Board, Kappalur, Madurai District.

4.The Station Officer, District Fire Office, Near Periyar Bus Stand, Mela Veli Street, Madurai-625 001.

5.The Superintendent of Police, Madurai District, Madurai-625 007.

6.The Authorized Officer, M/s.Madurai Municipal Waste Processing Company (P) Ltd., Madurai Corporation, 625, TPI-Avaniyapuram Road, Vellakkal, Madurai-625 012.

+1cc to Mr.R.Murali, Advocate SR.No.53748 +1cc to Mr.C.Elaman, Advocate Sr.No.53730 sml sm:SS2:28/09/2016:3P/9C Order made in W.P.[MD].No.15881 of 2013 Dated: 19.09.2016