Dinakaran vs District Collector And Ors

There is no representation on behalf of the applicant and the applicant is also not present. On the date of earlier hearing also there was no representation on behalf of the applicant. The respondents 3 and 4 viz., Commissioner of Karaikudi Municipality and the Commissioner of Devakottai Municipality are present and they have filed their reply.

The prayer in the application which was originally filed as writ petition W.P.10642 of 2011 before the Madurai Bench of the Hon'ble High Court of Madras, is to forbear the respondents 3 and 4 from filling the garbage and domestic effluents of Karaikudi and Devakottai in Survey Nos.468, 469/1 at Karaikudi Town, Sivagangai District by considering the representations of the applicant dated 17.3.2011, 9.9.2011 and 13.9.2011.

In so far as it relates to Devakottai Municipality, dumping of garbage takes place in Survey No.467/2 and regarding Karaikudi Municipality the dumping takes place in Survey No.469/1. Even though it is stated by the applicant that Survey No.469/1 belongs to M.R. Subbiah Chettiar Adi Dravida School, Karaikudi, it is the case of the Municipality, as it is seen in the reply filed that the said area is a government poramboke land and the school which was in existence long before, has encroached and at present there is no school in this survey number as on date and dumping takes place in the Survey Nos.469/1 from 1940 onwards.

The reply filed by the Commissioners further states that both the Municipalities have taken appropriate steps for the purpose of implementing the Solid Waste Management Rules, 2016. In fact, it is specifically stated that bye-laws have been framed by the Municipalities and the consequential penalty is being imposed on the persons committing breach like throwing of waste on the road and other public places. It is also stated that the Municipalities have taken steps for the purpose of effectively implementing source segregation and in fact different colour dust bins are being supplied and the sanitary workers of both the Municipalities are collecting the waste from the source where the waste is generated. It is also stated that the bio degradable waste is being sent for the purpose of composting. In so far as it relates to the non bio degradable is concerned, it is stated that after recycling, the remaining inert materials is sent to the dumping yard.

We are satisfied that the solid waste management scheme is being implemented in accordance with the Solid Waste Management Rules, 2016 and we make it clear that the Rules shall be implemented by both the Municipalities in true spirit to see that the Solid Waste is properly disposed in these Municipalities.

The Municipalities also state that they have applied to the Tamil Nadu Pollution Control Board for 'authorisation' and other permissions. If such applications are received, the Board shall process the same in accordance with law and pass orders expeditiously

With the above observations, the application is disposed of.