0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 28.11.2017  

CORAM   

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE             
AND  
THE HONOURABLE MRS.JUSTICE J.NISHA BANU           

W.P.(MD).No.21266 of 2014  
and 
W.M.P(MD).No.1 of 2014 & 1 of 2015  

P.Prabhu                                                        : Petitioner            
        
Vs.

1.The State of Tamil Nadu, rep. by its
   Principal Secretary,
   Department of Municipal Administration and Water Supply,
   Secretariat, Fort St. George,
   Chennai - 600 009.

2.The Commissioner of Municipal Administration,
   Municipal Administration Department,
   Ezhilagam Annexe, 6th Floor,
   Chepauk, Chennai - 600 005.

3.The Regional Director of Municipal Administration,
   O/o. The Regional Director of Municipal Administration,
   No.294, Melakkal Main Road, 
   Kochadai, Madurai - 6.

4.The Commissioner,  
   Usilampatti Municipality,
   Usilampatti,
   Madurai District.

5.The District Environmental Engineer,
   Tamil Nadu Pollution Control Board,
   Madurai,
   Madurai District.                                    : Respondents 

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the respondents to take immediate steps
to renovate New Municipal Office Building and Drinking Water Over Head Tank
and consequently directing the respondents herein to take effective and
emergent steps to prevent, dumping and burning of waste materials in the
vacant lands comprised near to the New Municipal Office Building and also
shift the dumping place to any other locality which would not affect the
public health and to take appropriate measures to prevent the pollution of
the atmosphere therein and further direct the Pollution Control Board to
monitor the Usilampatti Municipality to follow the norms as prescribed under
the Pollution Control Act.
        

                
!For Petitioner                 : Mr.M.Saravanakumar

For Respondents 1 to 3 & 5 : Mr.S.Kumar 
                                                       Additional Government Pleader
                For Respondent No.4             : Mr.K.Mahendran 
                                                        Standing Counsel 
:ORDER  

[Order of the Court was made by The Hon'ble Chief Justice] This Writ Petition is directed, inter alia, against the dumping of garbage in the vicinity of the new municipal building of Usilampatti Municipality.

2. As recorded in our order dated 08.11.2017, the District Collector has, by an order dated 18.05.2017, allotted the land to the Municipality in Survey No.87 measuring 5.25.5 Hectares for construction of a dumping yard. We are informed that construction of dumping yard has now commenced and the completion should take six months.

3. By our order dated 08.11.2017, we observed that garbage cannot be allowed to be dumped and allowed to accumulate in the vicinity of the new municipal building for six months. We directed that the dumped garbage be removed and dumped in some vacant uninhabited area and destroyed.

4. A report has been submitted by the fourth respondent, being the Commissioner, Usilampatti Municipality. In the status report, it is stated that garbage is being dumped on the land in question for over 70 years. It is submitted that pursuant to our order, the Revenue Divisional Officer allotted an abandoned quarry in S.No.519/6 measuring 0.66.5 Hectares in Thottappanayakkanur for dumping of garbage. The garbage dumped near the municipal office was loaded in lorries for dumping at Thottappanayakkanur village. However, the garbage could not be dumped there by reason of stiff opposition from the villagers. The respondent authorities shall try and identify some other vacant land, where there is no habitation and where the garbage can be dumped.

5. Pending identification of such spot and/or completion of the dumping yard under construction, the Municipal authorities shall cordon off the area which is presently used as a dumping yard by erection of high fencing by means of a tin shed. Steps shall also be taken for solid waste management, and for recycling of the waste materials, removal of foul odour, spread of diseases and prevention of pollution by reason of dumping of the garbage.

6. The Status report of the Commissioner, Usilampatti Municipality is signed by the Manager of Usilampatti Municipality. The irregularity shall be cured and a fresh report duly signed by the Commissioner, Usilampatti Municipality, shall be filed on or before 07.12.2017.

7. The Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

To

1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annexe, 6th Floor, Chepauk, Chennai - 600 005.

3.The Regional Director of Municipal Administration, O/o. The Regional Director of Municipal Administration, No.294, Melakkal Main Road, Kochadai, Madurai - 6.

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

.