GANAPATHYSUBRAMANIAN Vs. SECRETARY

JUDGEMENT

(1.) IN this pro bono publico, the petitioners have prayed for a mandamus, through a direction, forbearing the respondents, particularly, the Commissioner of Mayiladuthurai Municipality, third respondent herein, from constructing a sewerage pumping station in Uttankulam Irrigation Tank, Mayiladuthurai Town.

(2.) ACCORDING to the petitioners, the irrigation tank at Uttankulam is being used as a reservoir for rain water and, as such, the said tank helps the people in many ways, apart from irrigation. The Mayiladuthurai Municipality, third respondent herein, has proposed to construct a septic tank/sewerage pumping station for underground drainage system in this irrigation tank. The petitioners, on coming to know of the same, sent a lawyer's notice, dated 16. 11. 2002, to the third respondent, asking them not to put up any septic tank in Uttankulam. Since there was no response, the petitioners had filed W. P. No. 46227 of 2002, as a public interest litigation, and a Division Bench of this Court, on 12. 03. 2003, gave a direction to the third respondent Municipality to consider their lawyer's notice, dated 16. 11. 2002, and pass orders on merits. That order was intimated to the third respondent Municipality by the petitioners in April, 2003. A reply from the third respondent Municipality was received, wherein it was stated that the third respondent had only proposed to construct a sewerage pumping station in the said tank and not septic tank. On noticing that the construction of sewerage pumping station has started even without the permission of Tamil Nadu Pollution Control Board, the petitioners are constrained to file this Writ Petition, for a mandamus, forbearing the third respondent Municipality from constructing the sewerage pumping station.

(3.) ACCORDING to the Commissioner of Mayiladuthurai Municipality, third respondent herein, the Supreme Court of India had directed the Ministry of Environment and Forests, to provide Underground Sewerage Scheme to Mayiladuthurai Municipality, in its order dated 28. 07. 1997. Accordingly, the Ministry of Environment and Forests approved the DPR of providing Underground Sewerage Scheme for Mayiladuthurai Municipality for Rs. 42. 00 crores. The Underground Sewerage Scheme in the municipal area has been divided into nine zones. In Zone No. V, the pumping station has been selected at Uttankulam, based on the topography, which is a disused kulam (tank ). There is no storage of water even in the rainy season. It gets sullage and waste water from the nearby residential areas in all seasons. The inhabitants are not actually using the kulam. Since there is no water in the kulam, it becomes a dry land. In this scheme, there is no proposal for construction of septic tank in any part of the town and there is only a proposal for construction of sewerage pumping station. Out of 5737 sq. ft. available in the disused Uttankulam, only 2500 sq. ft. has been utilised for construction of pumping station. The pumping station will be constructed with water tight RCC structures and the collected sewerage will be pumped within 30 minutes to the Treatment Plant. There is no link between disused kulam and Cauvery and, therefore, the question of contamination and pollution does not arise. As per the order of High Court, dated 12. 03. 2003, the Commissioner of Mayiladuthurai Municipality, third respondent herein, considered the representation and sent a reply to the petitioners on 14. 05. 2003. Again, before the notice was published in the Notice Board, he invited objections in this regard and one of the notices was sent to the petitioners also. Ultimately, final orders were passed on 06. 06. 2003 that the proposal for construction of pumping station at Uttankulam was considered essential. That order was intimated to the petitioners. The object of the petitioners is to stop the construction process, when the huge amount of Rs. 42. 00 crores has been sanctioned under the Underground Sewerage Scheme and, hence, considering the public interest and to avoid loss of public money, this Writ Petition is liable to be dismissed.