High Court · 2025

W.P.No.16489 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.03.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.16489 of 2022and W.M.P.No.15780 of 2022E. Palanichamy ...Petitioner-Vs-1.The District Collector Coimbatore Collectorate Coimbatore - 18.2. The Executive Officer, Annur Town Panchayat Office Annur-641 653, Coimbatore District.3.The Thasildar Annur Taluk Office Coimbatore District4. The Chairman The Tamilnadu State Pollution Control Board, No. 76, Anna Salai, Industrial Estate, Guindy,Chennai-600 032.1/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus to call for the records of the 1st respondent's impugned proceedings in Na.Ka.No. 866/2021/P1 dated 08.11.2021, quash the same and consequently forbearing the respondents 1 to 3 or their men, agents, servants or anybody claiming through them from erecting Resource Resurvey Park or solid waste management scheme in Survey No. 428/6 in Majara Aathikuttai, Kuppanur Village, Annur Taluk, Coimbatore DistrictFor Petitioner:Mr.B.ManimaranFor Respondents:Mr.N.Naveen KumarGovernment Advocate for R1 to R3MR.B.N.SuchindranStanding Counsel for R4O R D E RThe writ petition filed to conclude the order passed by the 1st respondent vide proceedings No.866/2021/P1 dated18.11.2024 consequently, forbearing the respondents 1 to 3 on their men, agents, servants or anybody claiming through them from erecting resource Resurvey 2/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022park or solid waste management scheme in Survey No.428/6 in Majara Aathikuttai, Kuppanur Village Annur Taluk, Coimbatore District.The brief facts of the case are as follows: 2.The Respondents 1 to 3 have erected a Solid waste management scheme in the petitioner’s village, against which the villagers protested, wherein the Panchayat Officer was also objecting against the same. On 23.06.2021, the petitioner sent a representation for stalling the project, eventually then filed a PIL in W.P.No. 15132 of 2021, wherein the 1st Bench of this Court, directed the respondent to consider the petitioner’s representation, during which the 1 st Respondent sent notice to the petitioner to appear before them for enquiry, which was postponed on his request. Since the proceedings in Na.Ka.No. 866/2021/P1 on records of the 1 st Respondent remains as just a name change as Resource Recovery Park. The petitioner files this present Writ Petition against the impugned proceedings of the 1 st Respondent.3/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 20223.The learned counsel appearing for the petitioner submitted that based on the written instruction of the 2nd respondent dated 17.03.2025 wherein it is stated that since the local residents are objecting the proposal, the same is kept in abeyance. Therefore, he is not in a position to construct the Solid Waste Management and the relevant paragraphs is extracted hereunder:nkYk;. md;Dhh; jhYfhtpy; Fg;gDhh; fpuhkk; k$uh mj;jpf;Fl;il g[y vz;/ 428-6 eilghij g[wk;nghf;fpy; 0/81/00 Vh;!; (m) 2/00 Vf;fh; epyj;jpid epychpik khw;wk; bra;tij Kd;dpWj;jp. Kd;EiHt[ mDkjp tH';fp nfhak;g[j;Jhh; khtl;l Ml;rpj;jiyth; mth;fspd; bray;Kiw Miz e/f/vz/23651-2017-M4. ehs; 29/10/2020 kw;Wk; nfhak;g[j;Jhh; khtl;l Ml;rpj;jiyth; mth;fspd; bray;Kiw Miz e/f/vz;/866-2021-ng1. ehs; 08/11/2021 go cj;jutplg;gl;Ls;sJ/ nkYk; nkw;go cj;jutpd; nghpy; md;Dhh; tlf;F cs;tl;l epytUtha; Ma;thsuhy; nkw;go epyRthjPdk; tH';fg;gl;Ls;sJ/ bjhlh; eltof;ifahf nkw;go ,lj;ij epy mstPL bra;J. 4/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022mj;Jf;fy; el;Lj;ju tUtha; tl;lhl;rpah;. md;Dhh; mth;fSf;F fojk; mDg;gp. eltof;if vLf;fg;gl;L te;j epiyapy;. nkw;go ,lj;jpy; jplf;fHpt[ nkyhz;ikj;jpl;lk; bray;gLj;jpl mg;gFjp bghJkf;fs; bjhlh;e;J vjph;g;g[ bjhptpj;J tUtjhy; ngU:uhl;rpapd; K:yk; gzpfs; nkw;bfhs;s ,ayhj epiyapy; cs;sJ vd;w tpguj;jpid gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/ 4.The 4th respondent has filed counter affidavit dated November 2024 the relevant paragraphs are extracted hereunder: 12. It is respectfully submitted that, in this connection, the proposed site of the resource recovery park was inspected by the TNPCB officials along with the Executive Officer of Annur Town Panchayat on 04.06.2024 and the following observations were made:1. The Resource Recovery Park/Solid Waste Management Scheme is proposed to be located in a pathway poromboke land at S.F.No. 428/6, Majara 5/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022Athikuttai, Kuppanur Town of Annur Town Panchayat, Annur Taluk, Coimbatore District measuring an extent of 2 acres (0.80 ares). (Lat: 11.303099, Lon: 77.053458)II. The said proposed resource recovery park is located 13 Km away from the Kuppanur Village.11. The residential habitation of Athikuttai Village is located within 500m radial distance from the proposed site.IV. Athikuttai Perumal Temple (11.3024, 77.04953) is located within distance of 350m from the boundary of the site which is one of reason of public objection.V. The said site is at a high altitude from the nearby habitation. The solid waste handling area having a steep gradient (where the stability of the slope could be problematic) should not be selected.VI. There is no buffer zone between the solid waste handling area and the habitation.6/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022VII. The process of handling waste such as segregation, storage may lead to run off during rainy season to the nearby farm lands & habitation.VIII. The site is not suitable to withstand heavy winds since the waste material may be blown away by winds. This may cause ill-effects to the residents living nearby.IX. Huge funds may be required to construct the resource recovery park since construction of park in bench method with proper wind barrier would not be cost efficient.x. Construction of resource Recovery Park in that site would prone to public complaints regarding odour and fly nuisance.XI. The site is located at a distance of 300 m from the Eastern Side of the farm fields.13. It is respectfully submitted that in this regard, the town Panchayat was directed to comply the following vide this office letter dated 11.06.2024:7/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022i. As the Town Panchayat is generating more than 5T/D of municipal solid waste, the town Panchayat has to obtain Solid Waste authorization under Solid Waste Management Rules, 2016 and CTE/CTO of the TNPCB for establishing the resource recovery park.ii. The Annur Town Panchayat shall explore the possibility of selecting alternate site in view of the shortfalls stated above.iii. In case of non-availability of alternate site, the Annur Town Panchayat shall provide adequate safety system on scientific basis in the construction of resource Recovery Park in the proposed site to ensure safe handling of Municipal Solid Waste.''5.Learned Standing Counsel appearing for the 4th respondent submitted that the above place selected by the 2nd respondent is not suitable for constructing solid waste management and the same is also stated in the 8/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022counter affidavit.6.Learned Standing Counsel appearing for the 4th respondent also filed an affidavit.7. Heard both sides and perused the materials available on record.8.In view of the written instruction of 2nd respondent dated 17.03.2025 and counter affidavit of 4th respondent. This writ petitioner stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.18.03.2025vsnIndex : Yes / NoSpeaking / Non-Speaking Order9/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022To 1.The District Collector Coimbatore Collectorate Coimbatore - 18.2. The Executive Officer, Annur Town Panchayat Office Annur-641 653, Coimbatore District.3.The Thasildar Annur Taluk Office Coimbatore District4. The Chairman The Tamilnadu State Pollution Control Board, No. 76, Anna Salai, Industrial Estate, Guindy,Chennai-600 032.10/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022 J.SATHYA NARAYANA PRASAD, J.vsnW.P.No.16489 of 2022and W.M.P.No.15780 of 202218.03.202511/11

W.P.No.16489 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.03.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.16489 of 2022and W.M.P.No.15780 of 2022E. Palanichamy ...Petitioner-Vs-1.The District Collector Coimbatore Collectorate Coimbatore - 18.2. The Executive Officer, Annur Town Panchayat Office Annur-641 653, Coimbatore District.3.The Thasildar Annur Taluk Office Coimbatore District4. The Chairman The Tamilnadu State Pollution Control Board, No. 76, Anna Salai, Industrial Estate, Guindy,Chennai-600 032.1/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus to call for the records of the 1st respondent's impugned proceedings in Na.Ka.No. 866/2021/P1 dated 08.11.2021, quash the same and consequently forbearing the respondents 1 to 3 or their men, agents, servants or anybody claiming through them from erecting Resource Resurvey Park or solid waste management scheme in Survey No. 428/6 in Majara Aathikuttai, Kuppanur Village, Annur Taluk, Coimbatore DistrictFor Petitioner:Mr.B.ManimaranFor Respondents:Mr.N.Naveen KumarGovernment Advocate for R1 to R3MR.B.N.SuchindranStanding Counsel for R4O R D E RThe writ petition filed to conclude the order passed by the 1st respondent vide proceedings No.866/2021/P1 dated18.11.2024 consequently, forbearing the respondents 1 to 3 on their men, agents, servants or anybody claiming through them from erecting resource Resurvey 2/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022park or solid waste management scheme in Survey No.428/6 in Majara Aathikuttai, Kuppanur Village Annur Taluk, Coimbatore District.The brief facts of the case are as follows: 2.The Respondents 1 to 3 have erected a Solid waste management scheme in the petitioner’s village, against which the villagers protested, wherein the Panchayat Officer was also objecting against the same. On 23.06.2021, the petitioner sent a representation for stalling the project, eventually then filed a PIL in W.P.No. 15132 of 2021, wherein the 1st Bench of this Court, directed the respondent to consider the petitioner’s representation, during which the 1 st Respondent sent notice to the petitioner to appear before them for enquiry, which was postponed on his request. Since the proceedings in Na.Ka.No. 866/2021/P1 on records of the 1 st Respondent remains as just a name change as Resource Recovery Park. The petitioner files this present Writ Petition against the impugned proceedings of the 1 st Respondent.3/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 20223.The learned counsel appearing for the petitioner submitted that based on the written instruction of the 2nd respondent dated 17.03.2025 wherein it is stated that since the local residents are objecting the proposal, the same is kept in abeyance. Therefore, he is not in a position to construct the Solid Waste Management and the relevant paragraphs is extracted hereunder:nkYk;. md;Dhh; jhYfhtpy; Fg;gDhh; fpuhkk; k$uh mj;jpf;Fl;il g[y vz;/ 428-6 eilghij g[wk;nghf;fpy; 0/81/00 Vh;!; (m) 2/00 Vf;fh; epyj;jpid epychpik khw;wk; bra;tij Kd;dpWj;jp. Kd;EiHt[ mDkjp tH';fp nfhak;g[j;Jhh; khtl;l Ml;rpj;jiyth; mth;fspd; bray;Kiw Miz e/f/vz/23651-2017-M4. ehs; 29/10/2020 kw;Wk; nfhak;g[j;Jhh; khtl;l Ml;rpj;jiyth; mth;fspd; bray;Kiw Miz e/f/vz;/866-2021-ng1. ehs; 08/11/2021 go cj;jutplg;gl;Ls;sJ/ nkYk; nkw;go cj;jutpd; nghpy; md;Dhh; tlf;F cs;tl;l epytUtha; Ma;thsuhy; nkw;go epyRthjPdk; tH';fg;gl;Ls;sJ/ bjhlh; eltof;ifahf nkw;go ,lj;ij epy mstPL bra;J. 4/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022mj;Jf;fy; el;Lj;ju tUtha; tl;lhl;rpah;. md;Dhh; mth;fSf;F fojk; mDg;gp. eltof;if vLf;fg;gl;L te;j epiyapy;. nkw;go ,lj;jpy; jplf;fHpt[ nkyhz;ikj;jpl;lk; bray;gLj;jpl mg;gFjp bghJkf;fs; bjhlh;e;J vjph;g;g[ bjhptpj;J tUtjhy; ngU:uhl;rpapd; K:yk; gzpfs; nkw;bfhs;s ,ayhj epiyapy; cs;sJ vd;w tpguj;jpid gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/ 4.The 4th respondent has filed counter affidavit dated November 2024 the relevant paragraphs are extracted hereunder: 12. It is respectfully submitted that, in this connection, the proposed site of the resource recovery park was inspected by the TNPCB officials along with the Executive Officer of Annur Town Panchayat on 04.06.2024 and the following observations were made:1. The Resource Recovery Park/Solid Waste Management Scheme is proposed to be located in a pathway poromboke land at S.F.No. 428/6, Majara 5/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022Athikuttai, Kuppanur Town of Annur Town Panchayat, Annur Taluk, Coimbatore District measuring an extent of 2 acres (0.80 ares). (Lat: 11.303099, Lon: 77.053458)II. The said proposed resource recovery park is located 13 Km away from the Kuppanur Village.11. The residential habitation of Athikuttai Village is located within 500m radial distance from the proposed site.IV. Athikuttai Perumal Temple (11.3024, 77.04953) is located within distance of 350m from the boundary of the site which is one of reason of public objection.V. The said site is at a high altitude from the nearby habitation. The solid waste handling area having a steep gradient (where the stability of the slope could be problematic) should not be selected.VI. There is no buffer zone between the solid waste handling area and the habitation.6/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022VII. The process of handling waste such as segregation, storage may lead to run off during rainy season to the nearby farm lands & habitation.VIII. The site is not suitable to withstand heavy winds since the waste material may be blown away by winds. This may cause ill-effects to the residents living nearby.IX. Huge funds may be required to construct the resource recovery park since construction of park in bench method with proper wind barrier would not be cost efficient.x. Construction of resource Recovery Park in that site would prone to public complaints regarding odour and fly nuisance.XI. The site is located at a distance of 300 m from the Eastern Side of the farm fields.13. It is respectfully submitted that in this regard, the town Panchayat was directed to comply the following vide this office letter dated 11.06.2024:7/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022i. As the Town Panchayat is generating more than 5T/D of municipal solid waste, the town Panchayat has to obtain Solid Waste authorization under Solid Waste Management Rules, 2016 and CTE/CTO of the TNPCB for establishing the resource recovery park.ii. The Annur Town Panchayat shall explore the possibility of selecting alternate site in view of the shortfalls stated above.iii. In case of non-availability of alternate site, the Annur Town Panchayat shall provide adequate safety system on scientific basis in the construction of resource Recovery Park in the proposed site to ensure safe handling of Municipal Solid Waste.''5.Learned Standing Counsel appearing for the 4th respondent submitted that the above place selected by the 2nd respondent is not suitable for constructing solid waste management and the same is also stated in the 8/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022counter affidavit.6.Learned Standing Counsel appearing for the 4th respondent also filed an affidavit.7. Heard both sides and perused the materials available on record.8.In view of the written instruction of 2nd respondent dated 17.03.2025 and counter affidavit of 4th respondent. This writ petitioner stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.18.03.2025vsnIndex : Yes / NoSpeaking / Non-Speaking Order9/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022To 1.The District Collector Coimbatore Collectorate Coimbatore - 18.2. The Executive Officer, Annur Town Panchayat Office Annur-641 653, Coimbatore District.3.The Thasildar Annur Taluk Office Coimbatore District4. The Chairman The Tamilnadu State Pollution Control Board, No. 76, Anna Salai, Industrial Estate, Guindy,Chennai-600 032.10/11 https://www.mhc.tn.gov.in/judis W.P.No.16489 of 2022 J.SATHYA NARAYANA PRASAD, J.vsnW.P.No.16489 of 2022and W.M.P.No.15780 of 202218.03.202511/11