High Court · 2025

WP(MD) No. 27898 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025CORAMTHE HONOURABLE DR JUSTICE ANITA SUMANTHANDTHE HONOURABLE MR. JUSTICE C.KUMARAPPANWP(MD) No. 27898 of 2025 &W.M.P.(MD)No.21671 of 2025S.Krishnakumar...PetitionerVsThe Assistant Commissioner,Zone - 2 (North), Madurai corporation,Panthayathidal Salai, Madurai 625 007. ...RespondentPrayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining the impugned letter in Letter no.M2E1/005454/2024 dated 18.02.2025 issued by the respondent and quash the same as illegal and direct the respondent to install sufficient number of dustbins in the Smart Fruit Market, K.K.Nagar, Madurai-625020 and to prevent the vendors from dumping the fruit wastes outside the market premises.For Petitioner: Mr.O.R.Gokul AbimanyuFor Respondent: Mrs.S.Devasena, Standing counsel1/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 2025ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.)Read this order in continuation of and in conjunction with orders dated 08.10.2025 and 29.10.2025, the latter of which is extracted below.Read this order in continuation of and in conjunction with order dated 08.10.2025.2.The prayer of the writ petitioner is a challenge to the communication dated 18.02.2025 disposing the representation filed by the petitioner for a maintenance of Smart Fruit Market, K.K.Nagar, Madurai-625 020 stating that sufficient dustbins are not located there. 3.Photographs have been annexed from page 29 onwards, which reveal that the market is in a complete mess with fruit and vegetable waste dumbed in stagnant water. Hence, we had directed learned Standing Counsel, who had accepted notice for the Corporation, to ensure that there were sufficient dustbins and to clear the rotting fruit and vegetable waste. 4.Today, some photographs are produced to show that additional dustbins have been kept in that area. However, rotting waste and water have not been cleared. We are disappointed with the apathy shown by the Corporation. Particularly, as the rains have set in, it becomes incumbent on the authorities to keep the market clean to prevent mosquitoes breeding. Daily shoppers should not have to navigate piles of rotting waste. 5.Section 177 of the Tamil Nadu Urban Local Bodies Act, 1998 (in short 'Act') provides for removal of garbage in the following manner:“177. Removal of garbage.— (1) Where any garbage is dumped by any person or institution in any street, or in any other receptacle other than that provided for dumping of such 2/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 2025garbage, the Commissioner may arrange for the removal of the same on payment of such sum as may be fixed for each occasion in accordance with such procedure as may be prescribed. (2) The Commissioner may require in writing the owner or the occupier of any premises used,— (i) as a factory, workshop or where any manufacturing process is carried on, or (ii) as a trade premises, shop, market or slaughter house, or (iii) as a hotel, eating house, or restaurant, or (iv) as a clinic, hospital or nursing home, or (v) as a warehouse or godown, or (vi) as a public resort, or lodging house, or (vii) as a marriage hall or shopping mall, or (viii) as a religious place.to remove the rubbish, filth, trade refuse, special wastes, hazardous wastes or excrement or polluted matters which are accumulated in large quantities in such places at such time and in such trailers or receptacles and by such routes as may be specified in the notice to a depot or place provided by the municipality. (3) If the owner or occupier of any premises referred to in sub-section (2) fails to remove as specified in the notice issued under sub-section (2), the Commissioner may arrange for the removal of the same on such fees, as may be determined by the council : Provided that such fees shall not be less than such unit cost of removal of solid waste (including the cost for debt servicing, depreciation and other charge, if any, of vehicles or vessels or means for removal) as the council may determine, from time to time.(4) No person or owner or occupier of any land or building shall litter or deposit solid waste or allow any fifth to flow at 3/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 2025any public place or open land or otherwise dispose of the carcass other than the place specified therefor. (5) The municipality shall arrange for disposal of solid waste generated from the religious places where a temple, mosque, church, mutt, or any other place of religious importance, or institution or any place used for religious purpose or fairs, festivals, mass events, exhibitions held within the municipal limit based on the request in writing from the person having control over such places with such charges as may be determined by the council.(6) The council shall levy user charges from all the waste generators within the limit of municipality for disposal of solid waste. (7) No person shall commit a nuisance by relieving himself or defecate or urinate in any street or public place. (8) The Commissioner shall levy sport fine as determined by the council, from time to time, on the defaulters. Such spot fines may be collected by officers, not below the rank of Sanitary Inspector duty authorized by the municipality in the behalf.” 6.Thus, where garbage is dumbed by a person or an Institution in any street, or any other receptacle other than a dustbin provided for that purpose, the Corporation is to arrange for the removal of the same on payment, after calling upon the person under control of that premises to arrange for removal. 7.If the dumbing of water is in private premises, the Corporation will require the owner or occupier to clean the same and if they do not respond, the Corporation shall proceed to clear the garbage at the cost of the owner. 8.Pained by the lack of urgency and interest on the part of the Corporation, they are put to terms and shall remit Rs.50,000/- (Rupees Fifty Thousand only) payable to the High Court Legal Services Committee attached to this Bench, before the next date of hearing.4/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 20259.The market and the surrounding areas shall be cleaned forthwith and a report accompanied by photographs shall be produced by the next date of hearing.10.It is not for this Court to monitor the management of public spaces and amenities. The very purpose of Section 177 is lost, if the authorities do not implement the directives given there. It is necessary that initiatives are taken to sensitize the public and to instill civic sense.11.Evidently, there is a crying need to sensitize the authorities themselves and imposes upon them the duty cast upon them to implement the provisions of the Act. Section 177 (8) of the Act provides for imposition of spot fines and this can be triggered only if periodic inspections are conducted by the authorities to identify violators. We wonder if at all such measures are implemented. Status report on this by the next date. 12.List on 28.10.2025. 2. Today, Ms.Devasena, learned counsel, who appears for the Madurai Corporation files a status report along with photographs indicating that the market place has been cleaned nicely. We wish the place is always maintained in such a fashion. 3. Additionally, the Corporation has issued notices to the erring shop owners and these proceedings will be taken to a logical conclusion. The Corporation has extended some assurances in order to maintain the market place and this undertaking in paragraph nos.8 and 9 are extracted below:-5/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 20258. jw;nghOJ gof;fil khu;f;nfl; ntspg;Gwg;gFjpapy; Fg;igfs; kw;Wk; mOfpa goq;fis nfhl;lhj mstpw;F Rw;W Ntyp mikg;gjw;F cupa Vw;ghLfs; nra;ag;gl;L tUfpwJ. mjw;fhd mstPL nra;Ak; Gifg;glk; ,izf;fg;gl;Ls;sJ.9. Nkw;gb gof;fil re;ij ,uT 10.00 kzp Kjy; fhiy 6 kzp tiu nray;gLfpwJ. Mjyhy; jplf;fopT Nkyhz;ik gzpapy; kJiu khefuhl;rp xg;ge;j gzpahsu;fs; %yk; 7 ngz; J}a;ik gzpahsu;fSk; kw;Wk; 2 Mz; J}a;ik gzpahsu;fSk; Jg;GuT gzpapy; fhiy 7.00 kzp Kjy; gpw;gfy; 12.30 kzp tiu njhlu;e;J <LgLj;jg;gl;L gof;fopTfs; clDf;Fld; jpde;NjhWk; mg;Gwg;gLj;jg;gl;L nghJkf;fSf;Fk;> Nghf;Ftuj;jpw;Fk; ,ilA+W Vw;gLj;jhtz;zk; kJiu khefuhl;rpahy; fz;fhzpf;fg;gl;L tUfpwJ. NkYk; gzpahsu;fspd; vz;zpf;ifapid 12 Mf mjpfupf;f eltbf;if Nkw;nfhs;sg;gl;Ls;sJ.4. They are recorded and the Corporation is directed to ensure compliance of the same.5. Recording the aforesaid, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.[A.S.M.J.,] & [C.K.J.,]29.10.2025 NCC:Yes/NoIndex:Yes/NoInternet:Yesmbi6/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 2025ToThe Assistant CommissionerZone - 2 (North),Madurai corporation,Panthayathidal Salai,Madurai 625 007.7/8 https://www.mhc.tn.gov.in/judis WP(MD) No. 27898 of 2025DR.ANITA SUMANTH, J.ANDC.KUMARAPPAN, J.mbiW.P.(MD)No.27898 of 202529.10.20258/8