V. Patabiraman vs The Commissioner, Sivakasi Municipality

P. Jyothimani, J.—Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondent.

The Petitioner is stated to be the owner of the land comprised in Survey No. 239/3 at Viswanatham Village, Sivakasi Taluk.S. No. 240 is stated to be the tank. While the case of the Petitioner is that it is a private tank on the other hand, it is the case of the municipality, it is a public tank which is a disputed question of fact. On the eastern side of his property S. No. 237 is stated to be the place belonging to the municipality in which the municipality is putting up the composite yard for the purpose of dumping waste. It is seen that there has been a dispute between the Petitioner and the municipality in respect of the claim of the Petitioner for having a cart track in between S. Nos. 239/3 and 237 running north to south and in that regard, a suit in O.S. No. 195 of 2009 is pending on the file of the District Munsif Court, Sivakasi. In the meantime, the present writ petition has been filed for Writ of Mandamus to forbear the Respondents from dumping the waste in S. Nos. 239/3 and 240.

On the one hand, the Petitioner states that the dumping is done in his property while it is the case of the municipality that they are not dumping it in the property belonging to the Petitioner. Since the dispute regarding the cart track is pending which is in between the property of the Petitioner as well as the composite yard belonging to the Respondent municipality, I am of the considered view that unless the suit is disposed of, the dispute between the parties cannot come to an end.

In such view of the matter, instead of granting relief which is prayed for, the writ petition stands disposed of with a direction against the District Munsif Court, Sivakasi to dispose of the suit in O.S. No. 195 of 2009, by giving priority for trial expeditiously, in any event, within a period of six months from the date of receipt of copy of this order. It is made clear that the Respondent municipality which is stated to be dumping waste in the place of the Petitioner which is in S. Nos. 239/3 and 240, the municipality shall not dump any waste in the said lands as submitted by the learned Counsel for the municipality also during the transportation of the waste materials if any spilled over is made in the lands stated above, the same shall be removed by the municipality. Learned Counsel also submitted that the municipality shall not put any further waste in the place of the Petitioner and to that extent an undertaking is already there before this Court. The said undertaking shall continue to be in operation and the municipality shall also remove such spilled over and see that such spilled over is not occurring on day today basis. No costs. Consequently, connected miscellaneous petitions are closed.