The High Court dismissed a writ petition seeking to relocate a dump yard due to a pending application before the National Green Tribunal on identical facts, while retaining liberty to approach the Tribunal after this order.
Petitioner granted liberty to file appropriate petition in the pending proceeding before the National Green Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.10.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.No.26970 of 2017
K.Pitchai ...Petitioner
Vs.
1.The State of Tamil Nadu,
rep., by its Secretary to Government,
Municipal Administration and Water Supply
Department, Fort St. George, Chennai-600 009.
2.The Chairman,
Tamil Nadu Pollution Control Board,
76, Anna Salai, Chennai.
3.The District Collector,
Nilgiris District,
Udhagamandalam.
4.The District Forest Officer,
Gudalur, Nilgiris District.
5.The Commissioner,
Gudalur Municipality,
Nilgiris District. .. Respondents
Prayer:-Writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the fifth Respondent to shift the dumping yard from O.S.No.195/2A, R.S.No.1281 at 27th Mile of Upper Gudalur, Gudalur Village to relocate the same at Padanthurai or to some other place.
For Petitioner: Mrs.Selvi George
For Respondent: Mr.T.N.Rajagopalan,
Government Pleader(I/c) for R1, R3 & R4
ORDER
(Order of the Court was made by M.M.SUNDRESH,J.)
The grievance of the petitioner is with respect to the existing dump yard causing serious health hazard to the residents of the locality at the instance of the respondent No.5.
2.The learned counsel for the petitioner would fairly submit that already the National Green Tribunal, Southern Zone, Chennai, has disposed of the matter in Application No.86 of 2017 (SZ) filed by one P.Subramani residing in the very same address.
raa Sd/Asst.Registrar /true copy/ Sub Asst. Registrar
To
1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.
2.The Chairman, Tamil Nadu Pollution Control Board, 76, Anna Salai, Chennai.
W.P.No.26970 of 2017
GJ(CO)
RVR 20/11/2017
1 issue framed by the court
Whether the High Court should entertain a petition to relocate a dump yard given a pending matter before the National Green Tribunal on the same facts.
1 provisions across 1 enactments
K.Pitchai
The State of Tamil Nadu
The Chairman, Tamil Nadu Pollution Control Board
The District Collector, Nilgiris District
The District Forest Officer, Gudalur
The Commissioner, Gudalur Municipality
M.M.SUNDRESH
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
