Disposed

P.Murugesan v. The District Collector collector

Madras HC28 Apr 2021WP/18816/2020

Case brief

AI extract

What is this about?

In a petition under Article 226 regarding a garbage dumping yard near a bus stand, the High Court, without examining merits, directed the second respondent to consider a fresh representation and pass a reasoned order before closing the petition.

What did the court decide?

Leave granted to file fresh representation within two weeks; second respondent directed to consider it and pass reasoned order within eight weeks.

P.Murugesan Vs The District Collector collector — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.04.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.18816 of 2020
1. P.Murugesan
2. K.Jayakumar ...Petitioners
Vs.
1. The District Collector
Erode, Erode District.
2. The Block Development Officer
Modakkurichi Taluk
Modakkurichi
Erode District. ...Respondents
Prayer: Petition under Article 226 of the Constitution of India
praying for a writ of Mandamus directing the respondents to
remove the setting up of the garbage dumping yard in and around
R.S.No.400/7, 06, Pudur Village for 46 Pudur Panchayat,
Modakkurichi Taluk, Erode District.
For Petitioners : Mr.VS.Kesavan
For Respondents : Mr.K.S.Suresh
Government Advocate
for respondent-1
Ms.R.J.Radhika
Government Advocate
for respondent-2
ORDER
(Made by Senthilkumar Ramamoorthy,J)

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The petitioners complain of the location of a garbage dumping yard in R.S.No.400/7, 06, Pudur Village for 46 Pudur Panchayat, Modakkurichi Taluk, Erode District.

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https://hcservices.ecourts.gov.in/hcservices/

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It is stated that about 100 families reside in Anaikkalpalayam and Vellalapalayam villages. A bus stand was constructed in R.S.No.400/7 and it was completed on December 10, 2015. Although school children, women, office goers and the like use the bus stand on a regular basis, the writ petitioner asserts that the land adjoining the bus stand has been converted into a garbage dumping yard and the same is causing considerable hardship. It is further stated that it is also the root cause for the spread of various diseases among the residents of the locality. In spite of submitting a representation on October 15, 2020, no action has been taken to shift the garbage dumping yard.

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Both the official respondents are represented and it is stated that the second respondent Block Development Officer is the appropriate authority to take action on the petitioners' grievance.

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Accordingly, without examining the merits of the matter, the petitioners are permitted to submit a fresh representation to the second respondent, by enclosing all documents in support thereof. Such representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent is directed to consider and dispose of such representation by a reasoned order, within a period of eight weeks.

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W.P.No.18816 of 2020 is disposed of. There will be no order as to costs. As a consequence, WMP Nos.23394 and 23395 of 2020 are closed.

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Sd/Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kpl To

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The District Collector Erode, Erode District. 2. The Block Development Officer Modakkurichi Taluk Modakkurichi Erode District. +2cc to Mr.V.S.Kesavan, Advocate, Sr.No.26176

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W.P.No.18816 of 2020 AD(CO) KKV/15/06/2021

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https://hcservices.ecourts.gov.in/hcservices/

P.Murugesan v. The District Collector collector

Case brief

What is this about?

What did the court decide?

P.Murugesan v. The District Collector collector

Case brief

What is this about?

What did the court decide?

What the court decided

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