In a writ petition challenging the potential reclassification of Jemberi Lake as dry land and alleging waste dumping, the Division Bench found the alleged dumping had been removed and reclassification allegations unsubstantiated.
Not to dump waste in Jemberi Lake and cause pollution; no further orders required as alleged dumping was removed.
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: 22.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.20296 of 2018 and WMP No.33834 of 2018
M.Karunakaran ... Petitioner
Vs
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, directing the respondents to maintain the Jemberi Lake located at Survey No.36 at Devarajapalayam - Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District as waterbody and consequently refrain the respondents from dumping the solid waste and to clear the solid waste available in the lake.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.E.Manoharan, (for R1 to R3) Additional Government Pleader
Mr.Abdul Saleem (For R4) Standing counsel for TNPCB
O R D E R
(Order of this Court was made by S.Manikumar, J.)
Contending inter alia that the respondents 1 to 3, are trying to reclassify a water body, in Survey No.36 at Devarajapalayam - Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, as dry land and consequently, to use it as graveyard and further contending that wastage is dumped in the said water body, representation has been sent on 20.06.2017 and despite receipt of the same, District Environmental Engineer, Tamil Nadu Pollution Control Board, Dharmapuri, 4th respondent has not taken any action, and hence, instant writ petition is filed for a writ of mandamus, directing the respondents to maintain the Jemberi located at Survey No.36 at Devarajapalayam - Mottur Village, Chinnankuppam Post, Pappireddipatty Taluk, Dharmapuri District, as water body and consequently refrain the respondents from dumping the solid wastes and to clear the solid wastes, available in the lake.
Sir,
Subject: - TNPCB, District Environmental Engineer, Dharmapuri - Complaint Representation - Pappireddipatty Taluk - Garbage collected from all over the Gobinathampatti village Panchayat - being dumped in the Jemberi by the Village Local Panchayat withoutpermission of the local bodies and burning the same - affecting the air and water sources - General Health - Action sought regarding dt. 20.06.2017.
Ref:Complaint received through email from Thiru M.Karunakaran, Mottur Village, Chinnankuppam Post, Pappireddipatty Post, Dharmapuri District.
In perusal of the reference cited complaint is seen that Garbage collected from all over the Gobinathampatti Village Panchayat being dumped in the Jemberi by the Village Local Panchayat without permission of the local bodies and burning the same affecting the air and water sources General Health and the Complaint is received in such regard.
Since the complaint relates to the Municipal Administration, the complaint is enclosed herewith for necessary action taken with regard to the complaint shall be duly intimated to this office and also the individual concerned.
Enclosure: Complaint represented
Sd/District Environment Engineer, Tamilnadu Pollution Control Board, Dharmapuri.
"The classification of waste based on the industrial and non-industrial categorization is failed to be maintained. This has also resulted in bio medical waste being disposed in the open yard. In order to carry on such illegal dumping in the yeri is
tried to be reclassified as dry land and also steps are taken to convert such portion of yeri (Lake) as a Graveyard also."
Sd/Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ars To
+1 cc to the Government Pleader, S.R.No.62529
W.P.No.20296 of 2018 and WMP No.33834 of 2018
VG-II(CO) SSM(30/08/2019)
1 issue framed by the court
Whether the respondents should be directed to maintain the Jemberi Lake as a waterbody and refrain from dumping solid waste.
M. Karunakaran
The District Collector, Dharmapuri District
The Tahsildar, Pappireddipatty, Dharmapuri District
The Commissioner, Block Development Officer, Pappireddipatty Taluk, Dharmapuri District
The District Environmental Engineer, Tamilnadu Pollution Control Board
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
