IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13-11-2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH W.P.No.9063 of 2007 and MP No.1 of 2007 M.Devaraj .. Petitioner vs 1.The Collector of Kancheepuram O/o Collectorate, Kancheepuram 2.The Maraimalainagar Municipality Executive Officer Maraimalainagar Township Maraimalainagar 603 202. 3.The Pollution Control Board Rep. By its Deputy Director East Tambaram, Chennai 45. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from dumping garbage in the agricultural field bearing Survey No.154 to an extent of 5.56 acres situated in Chithamanoor Village, Chengalpattu Taluk, Kancheepuram District. For Petitioner : Mr.M.Rajasekhar For Respondents : Mr.A.Arumugam Special Government Pleader for RR1 & 2 Mr.Ramanlal for R3 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) The only grievance ventilated by the petitioner, as could be seen from the affidavit in support of the writ petition for a writ of mandamus, is that he is the owner of the property to an extent of 1.24 acres of dry lands in S.No.148/1 and 148/2 of Chithamanoor Village, Kancheepuram District, and has been cultivating the crops for the past more than four decades; that the first respondent has initiated proceedings in the year 1974 for acquiring the lands in Ninakarai and other villages for the scheme namely Maraimalainagar https://hcservices.ecourts.gov.in/hcservices/ Satellite New Town; that he is in possession and enjoyment of the land till date and also doing cultivation process; that the land acquisition proceeding initiated by the first respondent has not come into for the purpose for which it was acquired; that the second respondent has collected garbage from the villages in and around Chithamanoor, Kilakaranai, Senkundram, Melrosapuram, Govindapuram and Mattan Odai; that the second respondent is also going to construct a godown for the garbage which was collected from the neighbourhood villages; that all the villagers are depending upon their livelihood from their lands and also the drinking water from Chithamanoor lake; that further the second respondent is dumping the garbage from the month of February 2007 in the property to an extent of 5.56 acres which is adjacent to his agricultural land; that he raised his objections to the second respondent for dumping the same; but it was not paid heed to; that it was against the operation of the farming activities; that it is causing huge inconvenience to the public also, and hence he came forward with a writ to forbear the respondents from dumping the garbage in the agricultural land bearing survey No.154 to an extent of 5.56 acres situated in Chithamanoor Village, Kancheepuram District. 2.The learned Counsel for the petitioner in his contentions reiterated the averments found in the affidavit. 3.This Court heard the learned Special Government Pleader for respondents 1 and 2. 4.The third respondent has filed a counter. The learned Counsel for the third respondent would submit that authorization under Municipal Solid Waste (Management and Handling) Rules, 2000, was given on 19.7.2005, with certain terms and conditions as specified therein; that at the time of inspection of the waste processing and disposal facility site in M.M. Nagar Municipality on 3.4.2007, it was observed that the municipal authority has completed the earth work excavation for compound wall all-around the boundary and yet to instal waste processing facility in S.F.No.154 of Chithamanoor Village; and that it was also noticed that the municipal authorities have dumped the solid waste in and around Chithamanoor lake. The learned Counsel would further add that the Executive Officer of the second respondent has been instructed to collect, transport, process and dispose the solid waste generated from the municipal area as per the guidelines laid down in the said Rules and as per the terms and conditions stipulated in the authorisation letter issued under the above Rules, and they have also been instructed not to dump the solid waste in and around Chithamanoor lake. 5.From the submissions made, it could be seen that the only grievance ventilated by the petitioner is the dumping of the garbage which was taken from the municipal area, into Survey Field No.154, and he is having his land in Survey No.148/1 and 148/2, wherein he is doing agricultural operation for more than 40 years, and if it is being dumped, all the farming activities will be https://hcservices.ecourts.gov.in/hcservices/ disturbed, and apart from that, the drinking water in that area would become contaminated, and hence directions have got to be given. After hearing the learned Counsel for the Pollution Control Board and also looking into the counter affidavit filed, it is clear that there was an inspection made by the authorities, and at that time, it was also noticed that the earth excavation work for the compound wall all around the boundary was actually over and they were to instal the waste processing facility in Survey Field 154, and under the circumstances, the municipality has also been further instructed by the authorities to collect, transport, process and dispose the solid waste generated from the municipal area following the guidelines and not to dump the solid waste in and around Chithamanoor lake. Once the municipal authorities have taken steps to raise the compound wall all around the boundary and also to instal the waste processing facility in Survey Field No.S.154, now what has got to be seen only is that the municipal authorities should not dump the solid waste in and around Chithamanoor lake. According to the learned Counsel for the third respondent, the municipal authorities have also been instructed so. However, it is made clear that if not instructions given by the third respondent are followed strictly by the second respondent, the petitioner can approach the Court for necessary relief at that time. This writ petition is, accordingly, disposed of. No costs. Consequently, connected MP is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. nsv To: 1.The Collector of Kancheepuram O/o Collectorate, Kancheepuram 2.The Executive Officer Maraimalainagar Municipality Maraimalainagar Township Maraimalainagar 603 202. 3.The Deputy Director Pollution Control Board East Tambaram, Chennai 45. 1 cc to MR.M. Rajasekhar, Advocate, SR. 60913 1 cc to Mr.R. Ramanlaal, Advocate, Sr. 61047 1 cc to Government Pleader, SR. 61151 WP No.9063 of 2007 CK (CO) kk 23/11 https://hcservices.ecourts.gov.in/hcservices/