The Registrar (Judicial). Vs. the Secretary to Government and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/927931
CourtChennai High Court
Decided OnJul-31-2012
Case NumberSuo motu W.P.(MD)No.8664 of 2012
JudgeR.BANUMATHI; G.M.AKBAR ALI, JJ.
ActsMunicipal solid waste (Management and Handling) Rules, 2000
AppellantThe Registrar (Judicial)
RespondentThe Secretary to Government and ors.
Appellant AdvocateMr.N.Subramani, Adv.
Respondent AdvocateMr.C.Elaman; Mr. R.Karthikeyan, Adv.
Excerpt:
[r.banumathi; g.m.akbar ali, jj.] municipal solid waste (management and handling) rules, 2000 -- we have directed the 4th respondent - madurai corporation to clear garbage and plastic waste dumped in vaigai river in coordination with the 7th respondent. the 4th respondent - commissioner, madurai corporation and the 8th respondent - district collector, madurai shall ensure strict adherence to municipal solid waste (management and handling) rules, 2000 in the city of madurai and all village panchayats in madurai district.prayersuo motu writ petition on the newspaper report in hindu daily dated 25.06.2012 seeking for writ of mandamus directing the respondents to take effective emergent steps to remove the plastic waste that choked in vaigai river, to remove the trash overflows at the canal that connecting melamadai and sadasiva nagar, to restrict and control the burning of garbage at samayanallur and to restore the sanctity at pandikovil which is spoiled by the devotees by leaving the place littered with waste.order1. regarding dumping of plastic waste in vaigai river and burning of waste in samayanallur village and also in pandikovil area, based on the photo featured in english daily "the hindu" on 25.06.2012, this suo motu writ petition was taken up and notice was ordered to the respondents.2. earlier, on 29.6.2012, affidavit was filed by 4th respondent the commissioner of corporation of madurai stating that steps had been taken to remove the garbage in the canal connecting melamadai and sathasiva nagar within the corporation limits. it was stated that vaigai river does not come under the control of corporation and that river is under the control of 7th respondent - superintending engineer, periyar vaigai basin circle, pwd (wro), madurai, who was then impleaded.3. we have directed the 4th respondent - madurai corporation to clear garbage and plastic waste dumped in vaigai river in coordination with the 7th respondent. on 29.6.2012, the commissioner, corporation of madurai filed a report stating that corporation officials deployed tractors for removal of garbage in pandikovil area and that sufficient men have been posted for the purpose. it is further stated that regular and periodical steps are directed to be taken to remove trash in the canal connecting melamadai and sathasiva nagar. in so far as samayanallur, the panchayat president ms.s.suchitra has stated that the third parties have dumped plastic waste and that the panchayat has warned those persons not to dump such waste in samayanallur area. the assistant director, panchayat has also ensured that suitable steps would be taken to prevent the dumping of waste in and around samayanallur and also in all panchayats in madurai district.4. we have directed the respondents to file report as to the steps taken by them to remove the dumped waste and also to prevent such dumping of waste in future. the pollution control board had also filed a report stating the steps were taken by the pollution control board in addressing the corporation to take immediate steps to remove municipal solid waste dumped in water bodies and also near samayanallur village, melakkal road. 8th respondent - district collector has filed the report stating that the district collector had instructed the assistant director (panchayats) to follow the sanitary norms regarding the removal of garbages and plastic waste in all 420 village panchayats of madurai district. the assistant director had also written a letter in na.ka.no.2536/12/a3 dated 30.6.2012 to all village panchayats through the block development officers (village panchayats) in madurai district to follow the instructions of the collector regarding the removal of garbages and plastic waste. it is further stated that the public works department and municipal corporation have removed the garbages dumped in the bund of vaigai river.5. the 7th respondent - superintending engineer, periyar vaigai basin circle, pwd (wro), madurai has filed report stating that municipal corporation of madurai had taken steps and removed the garbage and plastic waste dumped on the bund and side wall of vaigai river and cleaned the plastic waste dumped in the channel at melamadai. the public works department had rendered full co- operation to the municipal corporation and complied the prayer in the public interest litigation.6. recording the reports filed by the respondents, the writ petition is disposed of directing respondents 4 to 7 to ensure:-(i) that solid waste is not dumped in vaigai river or other water bodies like river, pond, lake,etc., and on road sides;(ii) to stop dumping and burning of municipal solid waste in water bodies like river, pond, lake, etc., and also on road sides.the 4th respondent - commissioner, madurai corporation and the 8th respondent - district collector, madurai shall ensure strict adherence to municipal solid waste (management and handling) rules, 2000 in the city of madurai and all village panchayats in madurai district. the 5th respondent - district pollution control board is directed to monitor that the municipal solid waste are not dumped in water bodies and burnt on road sides. there shall be no order as to costs.
Judgment:

Prayer

Suo motu Writ Petition on the Newspaper report in Hindu Daily dated 25.06.2012 seeking for writ of mandamus directing the respondents to take effective emergent steps to remove the plastic waste that choked in Vaigai river, to remove the trash overflows at the canal that connecting Melamadai and Sadasiva Nagar, to restrict and control the burning of garbage at Samayanallur and to restore the sanctity at Pandikovil which is spoiled by the devotees by leaving the place littered with waste.

ORDER

1. Regarding dumping of plastic waste in Vaigai river and burning of waste in Samayanallur village and also in Pandikovil area, based on the photo featured in English Daily "The Hindu" on 25.06.2012, this suo motu writ petition was taken up and notice was ordered to the respondents.

2. Earlier, on 29.6.2012, affidavit was filed by 4th respondent the Commissioner of Corporation of Madurai stating that steps had been taken to remove the garbage in the canal connecting Melamadai and Sathasiva nagar within the Corporation limits. It was stated that Vaigai river does not come under the control of Corporation and that river is under the control of 7th respondent - Superintending Engineer, Periyar Vaigai basin Circle, PWD (WRO), Madurai, who was then impleaded.

3. We have directed the 4th respondent - Madurai Corporation to clear garbage and plastic waste dumped in Vaigai river in coordination with the 7th respondent. On 29.6.2012, the Commissioner, Corporation of Madurai filed a report stating that Corporation officials deployed tractors for removal of garbage in Pandikovil area and that sufficient men have been posted for the purpose. It is further stated that regular and periodical steps are directed to be taken to remove trash in the canal connecting Melamadai and Sathasiva nagar. In so far as Samayanallur, the Panchayat President Ms.S.Suchitra has stated that the third parties have dumped plastic waste and that the Panchayat has warned those persons not to dump such waste in Samayanallur area. The Assistant Director, Panchayat has also ensured that suitable steps would be taken to prevent the dumping of waste in and around Samayanallur and also in all Panchayats in Madurai District.

4. We have directed the respondents to file report as to the steps taken by them to remove the dumped waste and also to prevent such dumping of waste in future. The Pollution Control Board had also filed a report stating the steps were taken by the Pollution Control Board in addressing the Corporation to take immediate steps to remove municipal solid waste dumped in water bodies and also near Samayanallur village, Melakkal Road. 8th Respondent - District Collector has filed the report stating that the District Collector had instructed the Assistant Director (Panchayats) to follow the sanitary norms regarding the removal of garbages and plastic waste in all 420 village panchayats of Madurai District. The Assistant Director had also written a letter in Na.Ka.No.2536/12/A3 dated 30.6.2012 to all village Panchayats through the Block Development Officers (Village Panchayats) in Madurai District to follow the instructions of the Collector regarding the removal of garbages and plastic waste. It is further stated that the Public Works Department and Municipal Corporation have removed the garbages dumped in the bund of Vaigai river.

5. The 7th Respondent - Superintending Engineer, Periyar Vaigai Basin Circle, PWD (WRO), Madurai has filed report stating that Municipal Corporation of Madurai had taken steps and removed the garbage and plastic waste dumped on the bund and side wall of Vaigai River and cleaned the plastic waste dumped in the Channel at Melamadai. The Public Works Department had rendered full co- operation to the Municipal Corporation and complied the prayer in the Public Interest Litigation.

6. Recording the reports filed by the Respondents, the writ petition is disposed of directing respondents 4 to 7 to ensure:-

(i) that solid waste is not dumped in Vaigai river or other water bodies like river, pond, lake,etc., and on road sides;

(ii) to stop dumping and burning of municipal solid waste in water bodies like river, pond, lake, etc., and also on road sides.

The 4th respondent - Commissioner, Madurai Corporation and the 8th respondent - District Collector, Madurai shall ensure strict adherence to Municipal solid waste (Management and Handling) Rules, 2000 in the city of Madurai and all village Panchayats in Madurai District. The 5th respondent - District Pollution Control Board is directed to monitor that the municipal solid waste are not dumped in water bodies and burnt on road sides. There shall be no order as to costs.