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2014 DIGILAW 3284 (MAD)

K. K. Ramesh v. Government of Tamil Nadu

2014-09-12

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment R. Mahadevan, J. 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents to clear all the rivers in Tamil Nadu, which is affected by Air Pollution, Sewage Pollution, and Garbage Pollution, by considering the petitioner's representation dated 12.05.2014. 2. The case of the petitioner is that the rivers all over the State had been polluted in many forms, due to which, the ground water levels, would ultimately get affected. Since the rivers are being polluted, there is every threat of various diseases to the society. According to him, the State Government has to take all necessary preventive measures to control and curtail the pollutions that had been caused to the rivers and when there is a lacuna, it will end in converting the rivers into deserts. 3. Heard Mr.K.K.Ramesh, the petitioner who appeared in person and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents. 4. Mr.K.K.Ramesh, the petitioner herein, submitted that the petitioner had already submitted a representation dated 12.05.2014 to the respondents to protect the rivers all over the State from pollutions of all kinds, but the said representation had not been considered by the respondents till date and therefore, he prayed for appropriate orders from this Court. 5. Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents contended that the petitioner cannot maintain this writ petition with an omnibus prayer and that there is no second thought over the protection of rivers in the State, but the same has to be looked into by the Government by virtue of its policy decision and not by way of this writ proceedings. 6. We have given our anxious consideration to the submissions made on either side and scrutinised the materials available on record. 7. No doubt, 'water' makes the every day as a whole day. Without water, we cannot imagine a day to go. Rivers are the main sources of water to cater the needs of public in general. The contention of the petitioner that if the rivers are polluted, the public at large would get affected, is appealing. However, the petitioner cannot seek for a Mandamus to consider his representation submitted regarding the river pollution, in toto. 8. Rivers are the main sources of water to cater the needs of public in general. The contention of the petitioner that if the rivers are polluted, the public at large would get affected, is appealing. However, the petitioner cannot seek for a Mandamus to consider his representation submitted regarding the river pollution, in toto. 8. We find that it is for the Government to take a policy decision in clearing all the rivers and protecting the water sources of the public. Moreover, the petitioner could not maintain such an omnibus prayer to clear up all the rivers of the State, by way of his representation, dated 12.05.2014. Therefore, we feel that the writ petition is not maintainable and deserves to be rejected. 9. In fine, this writ petition stands dismissed. Consequently, the connected miscellaneous petitions are dismissed. No costs.