This order disposed of a Public Interest Litigation by recording an undertaking from the fourth respondent. The court restrained dumping of garbage and directed implementation of compost yard approvals with requisite permissions.
Recorded undertaking; restrained dumping of garbage in Survey No.126/33; directed compost yard implementation post-approvals.
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.
W.P(MD)No.24381 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.11.2019 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
W.P(MD)No.24381 of 2019 and W.M.P(MD)No.21008 of 2019
M.Sreekumar ... Petitioner
Vs.
1.The District Collector, Kanyakumari District, Nagercoil. 2.The District Environment Engineer, Tamil Nadu Pollution Control Board, Nagercoil, Kanyakumari District.
3.The Thasildar, Vilavancode Taluk,, Kanyakumari District.
4.The Executive Officer, Nalloor Town Panchayat, Marthandam Post, Kanyakumari District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from putting up any construction of building or any superstructure and dumping of garbage in the property in Survey No.126/33 of Natallam Village, Kanyakumari District, which is situated amidst the residential area by considering the representation of the petitioner dated 20.11.2018 within the time frame that may be fixed by this Court.
For Petitioner : Mr.S.C.Herold Singh For R-1 & R-3 : Mr.A.K.Baskarapandian, Special Government Pleader For R-2 : Mr.V.Vasantha Kumar For R-4 : Mr.N.Shanmuga Selvan
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W.P(MD)No.24381 of 2019
ORDER
[Order of this Court was made by T.S.SIVAGNANAM, J. ]
Heard Mr.S.C.Herold Singh, learned counsel for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader for the respondents 1 and 3, Mr.V.Vasantha Kumar, learned counsel for the second respondent and Mr.N.Shanmuga Selvan, learned counsel for the fourth respondent.
2.This writ petition styled as a Public Interest Litigation is filed seeking for issuance of a Writ of Mandamus, forbearing the respondents from putting up any construction of building or any superstructure and dumping of garbage in the property in Survey No.126/33 of Natallam Village, Kanyakumari District, which is situated amidst the residential area by considering the representation of the petitioner dated 20.11.2018.
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W.P(MD)No.24381 of 2019
Sd/-
Assistant Registrar (CS-II)
// True Copy //
Sub Assistant Registrar(CS )
pm
To
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Thasildar, Vilavancode Taluk,, Kanyakumari District.
+1 CC to Mr.S.C. HEROLD SINGH, Advocate ( SR-99813[F] dated 20/11/2019 )
+1 CC to Mr.V. VASANTHAKUMAR, Advocate ( SR-99837[F] dated 20/11/2019 )
+1 CC to SPL GP ( SR-99990[F] dated 20/11/2019 )
ORDER MADE IN W.P(MD)No.24381 of 2019 19.11.2019
MK (11.12.2019) 3P 6C
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1 provisions across 1 enactments
M.Sreekumar
The District Collector, Kanyakumari District
The District Environment Engineer, Tamil Nadu Pollution Control Board
The Thasildar, Vilavancode Taluk
The Executive Officer, Nalloor Town Panchayat
T.S.SIVAGNANAM
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
