Petitioner sought writ directing panchayat to shift smelly dumping yard. Court held petition infructuous as fourth respondent reported legacy waste removed, and dismissed it.
Petition dismissed as infructuous; no costs.
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.No.5250 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM :
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.No.5250 of 2018 and W.M.P.No.6444 of 2018
Dhanatejha Plot Owners Association Mamallapuram, Rep.by its Secretary, D.E.Sujatha, No.98/4, Dhanatejha Layout, ECR Main Road, Mamallapuram, Kancheepuram 603 104
... Petitioner
Vs.
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W.P.No.5250 of 2018
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to shift the dumping yard from S.F.No.66 (poramboke land) Mamallapuram, Thirukalukundram Taluk, Kanchipuram District to far away from water body Buckingham Canal to some other suitable place and immediately to resolve and clean the existing dumping yard near this petitioner association compound wall 156, ECR main road, Mamallapuram, Thirukalukundran Taluk, Kanchipuram District.
For Petitioner : Mr.G.Saravanabhavan
For RR-1 & 3 : Mr.P.Gurunathan, Additional Government Pleader For R-2 : Mr.P.Muthukumar For R-4 : Ms.V.Shanmuga Sekar
O R D E R
This writ petition has been filed seeking for a direcion to the first and
second respondents to shift the dumping yard from S.F.No.66 (poramboke land) Mamallapuram, Thirukalukundram Taluk, Kanchipuram District to far
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W.P.No.5250 of 2018
away from water body Buckingham Canal to some other suitable place and immediately to resolve and clean the existing dumping yard near the petitioner's association.
that the prayer sought for in the writ petition has become infructuous and prayed for closing the writ petition.
side, this Writ Petition is dismissed as infructuous. No costs. Consequently,
connected miscellaneous petition is closed.
(J.N.B., J.) (N.M., J.) 12.09.2023 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No sts
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W.P.No.5250 of 2018
J.NISHA BANU, J., and N.MALA, J.,
sts
To:
Order made in W.P.No.5250 of 2018
Dated: 12.09.2023
___________ Page No.4 of 4_
1 issue framed by the court
Whether a direction to shift and clean a dumping yard can be issued under Article 226 when the warehouse is already removed
2 provisions across 2 enactments
Dhanatejha Plot Owners Association Mamallapuram
District Collector, Kanchipuram District
Executive Officer, Mamallapuram Special Grade Town Panchayat
Director of Town Panchayat, Kuralagam
Principle Secretary/Chairman, Tamil Nadu Pollution Control Board
J.NISHA BANU
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
