SHELTER TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS public interest litigation has been filed by Shelter Trust, a registered Non-Governmental Organisation stated to be engaged under the socio-economic development of the poor in and around Kodaikanal and deeply committed in protecting and preserving the fragile eco-system in and around Kodaikanal.

(2.) THE petitioner prays for a Writ of Mandamus directing the Kodaikanal Muncipality to stop the dumping of garbage in the Seeradumkanal Village in Kodaikanal Taluk, as according to the petitioner, the seventh respondent has been dumping mixed untreated garbage consisting of wet market waste, house work glass, tins, plastics, papers and carcasses etc. , at a site in Seeradumkanal Village directly above the drinking water source for Perumalmalai and Palani Town and the said site is also very close to the Tiger Shola Reserve Forest.

(3.) IT is the case of the petitioner that the presence of untreated mixed garbage including plastics endanger the flora and fauna to the nearby forest areas and on account of plastics get scattered all over the forest area, a number of wild and endangered animals have died in the forest due to consumption of such plastics and on account of the dumping of untreated wet garbage, lot of grey and silver biting flies get attracted to the site and these flies then feed on wild animals causing their death. Therefore, according to the petitioner, in public interest, safety and health, the respondents, especially the seventh respondent has to be injuncted from dumping the garbage in Seeradumkanal Village in Kodaikanal.