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A. PACHAMUTHU versus THE GOVERNMENT OF TAMIL NADU

High Court of Madras

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A. Pachamuthu v. The Government of Tamil Nadu - W.P. No.38075 of 2002 [2003] RD-TN 57 (30 January 2003)



IN THE HIGH COURT OF JUDICATURE AT MADRAS



Dated: 30/01/2003

Coram

The Honourable Mr. B. SUBHASHAN REDDY, Chief Justice and

The Honourable Mr. Justice MALAI. SUBRAMANIAN

W.P. No.38075 of 2002

and

W.P.M.P. Nos.57056 and 57057 of 2002

1. A. Pachamuthu

2. K. Angurasan

3. T. Gunasekaran

4. S. Narayanan

5. R. Shanmugan

6. R. Gunasekaran

7. D. Ramadoss

8. N. Anandamoorthy

9. T. Murugesan

10. I. Palaniappan

11. V. Samikannu

12. A. Murugesan ... Petitioners -Vs-

1.The Government of Tamil Nadu

rep. by the Secretary,

Public Works Department,

Fort St. George,

CHENNAI - 600 009.

2.The District Collector,

Tiruchirapalli.

3.The Director,

Town Panchayat (Admn.)

Ezhilagam, Chennai - 5.

4.The Assistant Director,

Town Panchayat (Admn.)

Collector Office,

Tiruchirapalli - 1.

5.The Executive Officer,

Thiruverambur Town Panchayat Office,

Tiruchirapalli - 13.

6.The Executive Engineer,

River Channel Protection Division,

Public Works Department,

Tiruchirapalli - 1.

7.The Director,

Adi Dravidar Welfare Department,

Ezhilagam, Chennai - 5. ... Respondents Petition under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus for the reasons stated therein. For Petitioners : Mr. G. Rajan For Respondents 1 to 4, 6 and 7 : Mr. V. Raghupathi, Govt. Pleader For 5th Respondent : Mr. V. Subharayan :O R D E R



(The Order of the Court was made by the Honourable the Chief Justice) At the interlocutory stage and at the request of both the learned counsel, we dispose of the writ petition itself.

2. This is a pro bono publico seeking restraint on dumping of any waste material or garbage in Koothaipar Big Lake situated in Koothaipar village and Tiruverambur village of Trichy District.

3. Counter has been filed stating that the lake is not situated in the survey number stated in the writ petition but anyhow admitting that no waste material or garbage will be dumped into the said lake or catchment area.

4. What is necessary is the protection of the lake and its catchment area and not the survey numbers of the lands. We are not going into the details as to whether the lake or the catchment area runs through some survey numbers mentioned in the ition or not. While considering the matter like this, the survey numbers do not assume any significance. Significance is the maintenance of the lake, catchment area and the water for the purpose of maintaining ecological and environmental benefits.

5. In the circumstances, we dispose of this Writ Petition restraining the respondent from allowing any waste material or garbages or any other thing to be dumped in either Koothaipur village and Tiruverambur village of Trichy District or its ca rea. The writ petition is ordered accordingly. Consequently, connected W.P.M.Ps. are closed.

(B.S.R., CJ) (M.S., J)

bh/

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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