D. Vinayagam v. Collector And Others

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 3 respondent herein from proceeding with the construction work for the compound wall for dumping the muncipal garbages of Thiruvattipuram Muncipality in Murukathanpoondi Village.

The Order of the Court was delivered by

M. Duraiswamy, J.:— The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, forbearing the 3 respondent from proceeding with the construction work of the compound wall for dumping the muncipal garbages of Thiruvattipuram Muncipality in Murukathanpoondi Village.

2. When the Writ Petition is taken up for hearing, Ms. A. Mathumathi, learned Special Government Pleader, appearing for the respondents 1 and 2, submitted that she has got instructions from the respondents 2 and 3 that no compound wall has been constructed for dumping the muncipal garbages in the said place and further submitted that the National Green Tribunal, Southern Zone, Chennai, in Application No. 287 of 2014(SZ), by order dated 11.05.2018, had already decided the issue and passed an order directing the Municipality to strictly follow the Solid Waste Management Rules, 2016 and dispose of the solid waste scientifically duly following the source segregation process. Further, the National Green Tribunal also directed the Municipality not to dump the solid waste in the area concerned. The relevant paragraphs of the order reads as follows:—

“… 6. Therefore it is clear that the Municipality has not been following proper procedure for the purpose of treating solid waste. However, the fact remains that as on date the Municipality is not dumping the solid waste in the place which is the subject matter of this application and the same is admitted by the learned counsel appearing for the applicant also. It is also relevant to note at this juncture that the applicant has also referred to various alternate sites available within the Municipal limit for the purpose of setting up the Solid Waste Management facility. It is for the respondent Municipality to strictly follow the Solid Waste Management Rules, 2016 and dispose the solid waste scientifically duly following the source segregation process.

7. Be that as it may, the prayer in this application is for the purpose of permanent injunction against the official respondents not to dump Municipal Solid Waste in Survey No. 1, Murukathampoondi Village and since it is an admitted fact that as on date, there is no dumping, we are of the view that the application should be disposed of with the direction to the Municipality not to dump the solid waste in the area concerned.

8. We also make it clear that the Municipality shall take all necessary steps for the purpose of carrying out restoration of the site at S. No. 1, Murukathampoondi Village by submitting proper plan/scheme to the Government. On receipt of the same, the Government shall consider under any of the ongoing schemes including Swacch Bharath Abhiyaan for funding the scheme and complete the process of restoration in a time bound manner. …”

3. Since the National Green Tribunal has already passed the order in the application filed by one Sumathi Saet, President of Village Panchayath, the said order covers the issue involved in the present Writ Petition. In such view of the matter, the Writ Petition is closed. No costs. Consequently, the connected Miscellaneous Petition is closed.