Appearing the petitioner's complaint regarding garbage disposal and dustbins, the Court examined the Corporation's status report on waste management mechanisms and sensitization efforts. The petitioner was directed that any observed infraction could be reported to the authority or the Court.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Monday, the Twenty Sixth day of March Two Thousand and Eighteen
PRESENT
The Honble Mr.Justice M.SATHYANARAYANAN and The Honble Mrs.Justice R.HEMALATHA
WP(MD) No.23551 of 2017 and WMP(MD)No.19797 of 2017
J.S.ARTHUR
... PETITIONER
Vs
MADURAI - 625 002 ... RESPONDENTS
Prayer in WP(MD) No.23551 of 2017:
Writ Petition is filed under Article 226 or the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to consider the petitioners representation dated 17.10.2017 within the time stipulated by this Hon'ble Court till then 1st respondent may be given a direction not to collect separate garbage taxes from the residents.
Prayer in WMP(MD)No.19797 of 2017 :
To issue an order of interim injunction restraining the 4th https://hcservices.ecourts.gov.in/hcservices/ respondent from collecting garbage tax pending disposal of the above writ petition.
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ORDER : This Writ Petition coming on for hearing on this day and upon perusing the earlier order dated 02.03.2018 and upon hearing the arguments of Mr.K.KARUPPASAMY, Advocate for the petitioner, and of Mr.A.MUTHUKARUPPAN, Additional Government Pleader for Respondents 1 to 3, and Mr.R.MURALI, Advocate for 4th Respondent, this court made the following order:-
[Order of the Court was made by M.SATHYANARAYANAN,J.]
In compliance of the final order dated 02.03.2018, the Commissioner, Corporation of Madurai City, has filed the status report dated 26.03.2018 and it would disclose that in respect of Ward No.1, 11 sweepers are engaged by the Corporation to clear the garbage and they are using tricycles to collect the garbage from door to door and it is stored in the dumper bins and thereafter, transported to the garbage yard situated in Avaniyapuram, Madurai and it is treated scientifically and converted as a manure and that apart, two difference colour bins for collection of biodegradable and non-biodegradable wastes are also provided and the public are also sensitized to put the garbage separately and everyday, approximately 700 tons of garbage is collected by the Corporation and treated scientifically.
2.The report would further disclose that the Corporation is purchasing 15 tons of bleaching power every year and other sanitary liquids for maintaining the public health and apart from that periodical fogging is also done to control the mosquito menace.
3.Per contra, the learned Counsel appearing for the petitioner would submit that no dustbins are being provided and the collection of garbage is also not done at periodical intervals.
4.In response to the same, the learned standing counsel appearing for the Madurai City Municipal Corporation would submit that effective and proper mechanism would definitely be put in place and periodical monitoring including surprise inspection will also be done and the said submission, on instructions, is placed on record.
5.If the petitioner notices any infraction in the light of the stand taken by the fourth respondent in his report dated 26.03.2018, he is always at liberty to bring it to the knowledge of the appropriate authority including this Court, for the purpose of redressal of his grievance.
Sd/-
Assistant Registrar (CO)
/True Copy/
Sub Assistant Registrar
3
TO
Direction as given as stated within.
TE/KKR/SAR-1 : 04/04/2018 : 3P/6C
1 issue framed by the court
Whether the Commissioner should not be restrained from collecting separate garbage taxes pending disposal of the writ petition?
J.S.ARTHUR
THE STATE OF TAMIL NADU
COMMISSIONER OF MUNICIPALITIES AND CORPORATIONS
DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE CUM INSPECTOR OF MUNICIPALITIES AND CORPORATIONS
COMMISSIONER, MADURAI CORPORATION
M.SATHYANARAYANAN
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
