BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/11/2010 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI Writ Petition(MD)No.9388 of 2009 and M.P.(MD)No.1 of 2009 V.Patabiraman ... Petitioner Vs. The Commissioner, Sivakasi Municipality, Sivakasi ... Respondent PRAYER Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, forbearing the respondent, his men, servants, agents or anybody claiming through him from dumping, storing the garbage, rubbish filth etc., in the petitioner's lands in Survey No.239/3 and 240 of Viswanatham village, Sivakasi Taluk and consequently direct the respondent to restore the petitioner's land by removing the garbage, rubbish, filth etc., from it forthwith. !For Petitioner ... Mr.D.P.Sunararaj ^For Respondents ... Mr.N.Dilipkumar :ORDER
Heard the learned counsel for the petitioner and the learned counsel for
the respondent.
2.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.
3.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.
4.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.
sms
To
The Commissioner,
Sivakasi Municipality,
Sivakasi