SEKAR REPORTER

justice R Subramanian and justice L Victoria Gowri observed that they are unable to accept the submissions of the state in light of the report filed by the PDJ. The judges observed that from the photographs, they are able to see more garbage and stray dogs in the dump yard.Considering the fact that the municipality and state are in complete denial mode and due to non-cooperation by the BCI, Bar Council of Tamil Nadu and Puducherry, and Tamil Nadu Dr Ambedkar Law University, the judges observed that they are constrained to issue the following directions.

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The court was hearing a public interest litigation filed by S Mahendran.

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The petitioner stated that the govt law college on Thappukundu Road, was inaugurated in 2022. A dump yard is situated near the college campus.
The petitioner stated that the public information officer of the law college, in response to an RTI query, had stated that the college students suffered suffocation due to the smoke emanating from setting fire to the garbage in the dump yard.
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The groundwater on the campus was unfit for any purpose.
He stated that the principal of the college had submitted several representations to the authorities to relocate the dump yard. However, no steps were taken. Hence, the petitioner moved court.
During the previous hearing, the court directed the Theni principal district judge (PDJ) to inspect and submit a report. Pursuant to the order, the PDJ had submitted a report justifying the claims made by the petitioner.

However, the state submitted that the dumping has been stopped and only segregation works are underway at the dump yard.
A division bench of justice R Subramanian and justice L Victoria Gowri observed that they are unable to accept the submissions of the state in light of the report filed by the PDJ. The judges observed that from the photographs, they are able to see more garbage and stray dogs in the dump yard.
Considering the fact that the municipality and state are in complete denial mode and due to non-cooperation by the BCI, Bar Council of Tamil Nadu and Puducherry, and Tamil Nadu Dr Ambedkar Law University, the judges observed that they are constrained to issue the following directions.

The judges directed the BCI, to submit a report as to whether the college has been approved by them. If they had approved the college, the BCI should respond as to whether they had conducted an inspection in the area prior to granting approval
The judges directed the Tamil Nadu Pollution Control Board (TNPCB) to submit a report on the air and water quality in the locality. The judges also directed the TNPCB to submit a report on the height at which garbage is stored in the dump yard and the total volume of garbage. The judges further directed the state to produce the records pertaining to the decision taken to construct the law college on the present site.
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