Madras High Court
K.Karthikeyan vs The District Collector on 25 November, 2021
W.P. No.24601 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
W.P. No.24601 of 2021 and
W.M.P.No.25869 of 2021
K.Karthikeyan ... Petitioner
Vs
1.The District Collector,
Tiruvallur District,
Master Plan Complex,
Tiruvallur - 602 001.
2.The Tahsildar,
Tahsildar Office,
Tiruvallur District,
Tiruvallur - 602 001.
3.The Block Development Officer,
No.363/68,
Villivakkam Panchayat Union Office,
Tiruttani Road, NH - 205, Dobhi Colony,
Kamarajapuram, Ambattur,
Chennai - 600 053. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus directing the
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W.P. No.24601 of 2021
respondents to remove tons of garbage accumulated in Survey No.289/1
situated at Jayaram Nagar in Vanagaram Panchayat, Mettukuppam,
Chennai 600 095 based on the representation of petitioner dated
27.08.2021.
For Petitioner : Mr.B.Sridhar
For Respondents : Mrs.Akila Rajendran
Government Advocate (RR 1 & 2)
: Mr.U.Bharanidharan
Addl. Government Pleader (for R3)
ORDER
The prayer sought for herein is for a writ of mandamus directing
the respondents to remove tons of garbage accumulated in Survey
No.289/1 situated at Jayaram Nagar in Vanagaram Panchayat,
Mettukuppam, Chennai 600 095 based on the representation of petitioner
dated 27.08.2021.
1. The petitioner is a resident of a place called Jayalakshmi Nagar,
Vanagaram, Mettukuppam, Chennai 600 0095. According to the
petitioner, there are 500 houses and more than 2000 people living
in the said Jayalakshmi Nagar, and Jayaram Nagar.
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W.P. No.24601 of 2021
3. Nearby the petitioner's residential locality in S.No.289/1 which
is a Government Poramboke land, the respondent Panchayat viz.,
Vanagaram Panchayat dumping the garbage and for several days, they
kept there without removing the same, therefore, that become not only a
nuisance but also lead to several health hazards issue.
4. Therefore, in order to settle the said issue, the petitioner already
approached this Court and filed a writ petition by way of Public Interest
Litigation in W.P.No.11008 of 2020, where, the prayer sought for a writ
of mandamus directing the respondents therein to remove tons of garbage
accumulated in Jayalakshmi Nagar in Vanagaram Panchayat,
Mettukuppam, Chennai - 600 095 based on the representation of the
petitioner dated 12.06.2020.
5. The said writ petition was disposed by a Division Bench of this
Court by order dated 18.09.2020, where, the Division Bench has passed
the following order:
"The petitioner has come forward to file this writ petition
with the grievance that the garbage is being dumped
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W.P. No.24601 of 2021
nearby his residence in Survey Nos.131/7 and 131/8 and
therefore the same will have to be cleared based upon the
representation made on 12.06.2020.
2.In the counter affidavit filed by the third
respondent, it is stated that there is no garbage that is
being dumped in Survey Nos.131/7 and 131/8. What is
being kept in Survey No.289/1 is by way of collection. The
garbage after collection is being taken to the Kodungaiyur
Garbage Yard as per the proceedings of the Collector
dated 29.12.2016. Even the garbage accumulated in
Survey No.289/1 is removed. Further, a decision has
already been taken as per G.O.Ms.No.15 RD & PR
Department dated 07.01.2017 to construct micro
composting centre at Vanagaram Panchayat. Necessary
administrative sanction has also been obtained by the
proceedings of W.P. No 11008 of 2020 the Collector dated
05.03.2020.
3.In the light of the above, the writ petition stands
disposed of by directing the respondents to use S.No.289/1
only as collecting point. Once the garbage is collected, the
same will have to be taken and dumped only at
Kodungaiyur Garbage Yard. If any garbage is available
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W.P. No.24601 of 2021
without being removed, the same shall be removed from
S.No.289/1. We note that no garbage is dumped at
S.Nos.131/7 and 131/8.
4. The respondents shall proceed with the
Government Order passed in G.O.Ms.No.15 RD & PR
Department dated 07.01.2017 and pursuant to the sanction
order granted by the first respondent dated 05.03.2020
towards construction of the micro composite centre. The
aforesaid construction will have to be completed within a
period of one year from the date of receipt of a copy of this
order. Needless to state that 85 cents available in Survey
No. 289/1 will have to be utilized for the aforesaid
purpose. No costs."
6. Though such an order was passed by the Division Bench,
according to the petitioner, the respondent Panchayat has not been using
the said land i.e., S.No.289/1 only as a collection centre, but using it as a
permanent garbage dumping yard, where, they kept it dumped for more
than two weeks and thereafter only they slowly remove it and in the
meanwhile, all the health issues, that were projected by the petitioner and
other residences still erupts, which therefore in order to put a full stop to
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W.P. No.24601 of 2021
the menace, according to the petitioner, he has once again given a
representation to the respondents on 27.08.2021. However, the said
representation also since has not been considered, he has approached this
Court by filing the present writ petition.
7. Reiterating the aforesaid, the learned counsel for the petitioner
would submit that, the land in question which is a Government
Poramboke land if at all is handed over to the respondent Panchayat for
construction of a micro composting centre, that should have been
constructed by this time. However, so far that has not been constructed
stating the reason that, there has been some objections from the local
people.
8. Moreover, there is no empty land available as claimed by the
Panchayat in the said Survey number as most of the area in the said
survey number has already been in occupation or encroachment of
various individuals against whom though notice under Section 6 of the
Act, 1905 was issued, no such removal of encroachment has taken place.
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W.P. No.24601 of 2021
Therefore, in practical, the vacant place at S.No.289/1 is being used as
the permanent garbage yard dumped by the respondent Panchayat,
therefore, a direction sought for in this writ petition may be issued, he
contended.
9. Heard Mr.U.Bharanidharan, learned Additional Government
Pleader for the 3rd respondent and Mrs.Akila Rajendran, learned
Government Advocate appearing for respondents 1 and 2. The learned
Additional Government Pleader, on instruction, would submit that,
insofar as the construction of micro composting centre at S.No.289/1 is
concerned, though initially the administrative sanction was given in this
regard, it was subsequently cancelled, again such a sanction was given
and when an attempt was made to make the estimate to have the
construction of that yard, since there has been a stiff opposition of
residences from the local people, that could not be materialised.
However, subsequently, when attempt was made during Covid-19 second
wave, the said construction project could not be started and therefore, if
further time is given, certainly, that composting centre would be
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W.P. No.24601 of 2021
constructed and once the composting centre is constructed, the entire
garbage would be processed scientifically and there would be no menace
as alleged by the petitioner side and therefore, till such time, as directed
by the Division Bench in their order, the said land at S.No.289/1 would
be utilised only as a collecting point or centre from where the garbage
being collected would be evacuated to the Kodungaiyur Garbage Yard on
regular basis. Therefore, the learned Additional Government Pleader
would seek indulgence of this Court to dispose this writ petition by
passing an appropriate order in this regard.
10. I have considered the said submissions made by the learned
counsel appearing for the parties and perused the materials placed before
this Court.
11. As has been rightly pointed out by the learned Additional
Government Pleader appearing for the 3rd respondent, already the
petitioner has approached this Court by filing the writ petition, as stated
supra in W.P.No.11008 of 2020, where, order has been passed on
18.09.2020, which has been quoted herein above.
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W.P. No.24601 of 2021
12. In the said order, the Division Bench has stated by giving a
direction to the respondents i.e., the Local Panchayat to use S.No.289/1
only as a collecting point. Once the garbage is collected, the same will
have to be taken and dumped only at Kodungaiyur Garbage Yard. If any
garbage is available without being removed, the same shall be removed
from S.No.131/7 and 131/8.
13. According to the 3rd respondent, the said direction given by
the Division Bench is correctly followed without fail and very often or
every day or alternative days depending upon the collection of the
garbage, the same is being removed from the said place to the
Kodungaiyur Garbage Yard by using tipper lorries.
14. In this regard, a report also has been sent by the 3rd respondent
to the learned Government Pleader dated 22.11.2021 which has also been
filed before this Court, where, the 3rd respondent has stated the
following:
"Moreover the garbage collected from various places are
dumped in several collection points as per the amount of
garbage collected and sent through tipper lorries to
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W.P. No.24601 of 2021
Kodungaiyur yard and the said collection/ carrying to the
main yard is done every day. As per the complaint from the
local residents from Jayaram Nagar, one of the collection
point situated in survey no.289/1, meikkal poramboke
(surrounded by Industrial Zone) and as per the Hon'ble
Court's direction in W.P.No.11008 of 2020 filed by the
same petitioner Thiru.K.Karthikeyan, garbages were fully
cleared.
As per Collector, Tiruvallur Proceeding
R.C.No:341/2020/A5, dated 05.03.2020, necessary
sanction for construction of micro composting center at
Vanagaram Panchayat was accorded at an estimate of
Rs.24.00 lakhs to convert Bio - degradable waste as
compost manure which will help dispose the garbage and
lead to sustainable development. As per the above orders,
the site for micro composting center was identified at
survey no.289/1, meikkal poramboke (surrounded by
Industrial Zone) at the Jayaram nagar with extend of 85
cents and initiation to construct a MCC shed with compost
tubes, water receiving platforms, stabilization area MCC
machinery was carried out. Due to the outbreak of COVID
- 19 and implementation of Lockdown, the construction
work was delayed. Further the public in the area protested
against the construction of MCC in Jayaram nagar area
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W.P. No.24601 of 2021
and the petitioner filed W.P.No.11008 of 2020 to stall the
Micro Composting center works with malafide intention. It
is also submitted that we are striving to construct the
Micro Composting center at survey no.289/1, Meikkal
Poramboke at the Jayaram nagar by overcoming the local
difficulties and public protest.
The garbage collection and transportation vehicle
charges and the rent for dumping garbage at Chennai
Corporation Kodungaiyur yard are paid by the
Vanagaram Village Panchayat to the tune of Rs.2360/- per
MT which is a heavy expenditure for the Panchayat which
is a Rural Local Body whose major source of revenue is
the State Finance Commission's Grant and the House tax
collection from the Households of the Panchayats. Owing
to the situation, the District Collector, Tiruvallur has also
diverted funds from 15th central finance commission grant
(R.C.No:3065/2016/A7 dated: 13.08.2021) for
expenditures against dumping of Garbage in Kodungaiyur
Yard by Vanagaram Village Panchayat.
Due to the difficulties faced by the administration, a
time extension may kindly be granted by the Hon'ble Court
for the construction of Micro Composting center at survey
no.289/1.
This is for kind information and further action."
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W.P. No.24601 of 2021
15. In view of the said stand taken by the 3rd respondent where
they are going to use the place i.e., S.No.289/1 only for the purpose of
collection centre for the present till the composting centre is constructed,
for which, according to them, sanction has been given and an estimate of
Rs.24 lakhs has already been sanctioned.
16. Since the Division Bench has already seized of the matter and
also had given a direction by passing the final order in the year 2020
itself whereby direction was given to the Local Panchayat i.e., the 3rd
respondent and the Village Panchayat concerned to use the land in
question i.e., S.No.289/1 only as a collection centre and whenever the
garbage is collected there, that should be then and there evacuated to the
Kodungaiyur Garbage Yard and if that is being taken place on regular
basis, there can be no quarrel as to the functioning of the said place only
as a collection centre.
17. Since the said order has come only in the writ petition filed by
the petitioner, it is binding on the petitioner also, assuming that, it is a
judgment in personam.
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W.P. No.24601 of 2021
18. When that being so, the present plea raised by the petitioner for
whatever reason cannot be entertained and accordingly, no further
direction need to be issued to the respondents as sought for in the present
writ petition, of course, based on the representation of the petitioner
dated 27.08.2021.
19. In that view of the matter, this Writ Petition is disposed of by
observing the aforesaid. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
25.11.2021
Index: Yes/No
Speaking Order: Yes/No
Sgl
To
1.The District Collector,
Tiruvallur District,
Master Plan Complex,
Tiruvallur - 602 001.
2.The Tahsildar, Tahsildar Office,
Tiruvallur District, Tiruvallur - 602 001.
3.The Block Development Officer,
No.363/68, Villivakkam Panchayat Union Office,
Tiruttani Road, NH - 205, Dobhi Colony,
Kamarajapuram, Ambattur, Chennai - 600 053.
4.The Government Advocate,
High Court, Madras.
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W.P. No.24601 of 2021
R. SURESH KUMAR, J.
Sgl
W.P.No.24601 of 2021
25.11.2021
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