Disposed

Nagarajan v. The Secretary

Madras HC3 Mar 2021WP/4805/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging a proposed sewage pumping project. Without examining merits, the court directed specific respondents to consider the petitioner's representation and dispose of it via a speaking order within six weeks.

What did the court decide?

Direction to respondents 8 and 9 to consider the petitioner's representation and dispose of it by a speaking order within six weeks.

Nagarajan Vs The Secretary — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.03.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.4805 of 2021

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Nagarajan ... petitioner Vs 1 The Secretary Ministry of Environment Forest and Climate Change Indira Paryavaran Bhawan Jor Bagh Road New Delhi 110 003 2 The Director Department of Environment No.1 Jeenis Road Panagal Building Ground Floor Saidapet Chennai -600 015. 3 The Secretary Municipal Administration and Water Supply Department Secretariat Chennai -600 009 4 The Member Secretary Tamil Nadu Pollution Control Board No.76, Mount Salai Guindy Chennai -600 032 5 The District Collector Coimbatore 6 The Commissioner Coimbatore City Municipal Corporation Coimbatore Corporation Office Raja Street Town Hall Coimbatore 600 641 7 The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South Plot No.E-55A SIDCO Industrial Estate Pollachi Main Road Kurchi Coimbatore -641 8 Superintending Engineer Public Works Department Buildings (C and M) Circle Coimbatore.

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

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9 The Block Development Officer Sulur Panchayat Union Sulur Coimbatore-641 402

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10 The President

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Pattanam Village Panchayat Pattanam Sulur Taluk Coimbatore -641 016. ... respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbear the respondents from proceed with the proposed project of pumping treated sewage to Pattanam Nagamanayakam palayam and other villages to fill various ponds and lakes and instead consider storing the Parambikulam Aliyar Scheme water from the Negamam sub-channel in Sulur and Sultanpet Panchayat Union tanks and lakes in view of the petitioners representation dated 21.12.2020 and followed by lawyers notice dated 29.01.2021.

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For Petitioner : Mr.M.Venkatesh
For Respondents: Mr.K.Ramanamurthy, CGSC,
for 1 st respondent
Mr.K.Mahesh,
for 6 th respondent
Mr.K.S.Suresh,
Government Advocate,
for respondents 5, 8 and 9
Mr.S.Prabhu,
Additional Government Pleader,
for respondents 4 and 7
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.)

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The writ petitioner seeks to prevent the respondents from proceeding with a proposed project for pumping treated sewage to Pattanam Nangamanayakam Palayam and other villages and to instead store the Parambikulam Aliyar Scheme water from the Nagamam sub-channel in Sulur and Sultanpet Panchayat Union Tanks.

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The writ petitioner asserts that the proposed project would cause contamination of ground water and that consequently, the public residing in those areas would not get hygienic drinking water. On this basis, the proposed scheme is opposed. The writ petitioner asserts that in spite of issuing a representation and a lawyer’s notice in this regard, no action has been taken thereon.

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

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In view of the aforesaid assertions and without examining the merits thereof, the present writ petition is disposed of by directing the respondents 8 and 9 to consider the representation of the petitioner dated 21.12.2020 and dispose of the same by a speaking order within a period of six weeks from the date of receipt thereto, after providing a reasonable opportunity to all affected parties.

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W.P.No.4805 of 2021 is disposed of on the above terms. Consequently, W.M.P.No.5430 of 2021 is closed. There will be no order as to costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
tar
To:
1 The Secretary
Ministry of Environment Forest and Climate
Change Indira Paryavaran Bhawan Jor Bagh
Road New Delhi 110 003
2 The Director
Department of Environment
No.1 Jeenis Road
Panagal Building Ground Floor Saidapet
Chennai -600 015.
3 The Secretary
Municipal Administration and Water Supply Department
Secretariat Chennai -600 009

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4 The Member Secretary Tamil Nadu Pollution Control Board No.76, Mount Salai Guindy Chennai -600 032 5 The District Collector, Coimbatore 6 The Commissioner Coimbatore City Municipal Corporation Coimbatore Corporation Office Raja Street Town Hall Coimbatore 600 641 7 The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South Plot No.E-55A SIDCO

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

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Industrial Estate Pollachi Main Road Kurchi Coimbatore -641

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8 Superintending Engineer
Public Works Department Buildings (C and M)
Circle Coimbatore.
9 The Block Development Officer
Sulur Panchayat Union Sulur
Coimbatore-641 402
10 The President
Pattanam Village Panchayat Pattanam
Sulur Taluk
Coimbatore -641 016.
+1cc to Mr.K.Magesh, Advocate SR.13278
+1cc to Mr.S.Arivazhagan, Advocate SR.13309
+1cc to the Spl.Govt Pleader(Forest) SR.13342
+1cc to the Government Pleader SR.13695
W.P.No.4805 of 2021
LN(CO)
CB(22/03/2021)

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

Nagarajan v. The Secretary

Case brief

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Nagarajan v. The Secretary

Case brief

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