JUDGMENT : P.D. AUDIKESAVALU, J. 1. The Petitioners in these Writ Petitions (except W.P. No. 14156 of 2018) filed as Public Interest Litigation have opposed the construction of the micro-compost plants in the following locations in Tirunelveli Corporation:- (i) Mubarak Nagar approved Layout No. 12/1986 situated in Ward No. 21 (W.P. (MD) No. 11343 of 2018); (ii) Raja Rajeswari Nagar, Ward No. 27, Melapalayam Zone (W.P. (MD) No. 12956 of 2018); (iii) Layout No. 93/79 and situated in Re Survey No. 366/part, Vijayaragavamudaliar Chathiram Village, Palayamkottai Taluk (W.P. (MD) No. 13215 of 2018); (iv) Indian Cement Limited (ICL) Officers Colony, Tharapuram (W.P. (MD) No. 13922 of 2018); and (v) Survey No. 1, Darling Nagar, V.M. Chathiram, Palayamkottai, Tirunelveli -11 (W.P. (MD) No. 18664 of 2018). The Petitioner in W.P. (MD) No. 14156 of 2018, which is a Co-operative Society of Electricity Staff and has developed the lands in Kulavanigarpuram Village in Tirunelveli for housing plots and got approved layout, has filed that Writ Petition seeking to forbear the Tirunelveli Corporation from erecting Vermicompost in the land belonging to them in that layout. 2. We have heard the Learned Counsel for the Petitioners, the Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 3. The Learned Counsel appearing for the Petitioners contended that the micro-compost plants that were constructed by the Tirunelveli Corporation in the aforesaid places had been earmarked for 'park', but the officials of the Tirunelveli Corporation were proceeding with constructions despite their objections and protests, which has forced them to seek redressal from this Court. It is also the case of the Petitioners that when an area is earmarked to be maintained as 'park', it could not be used by the Respondents for any other purpose. It is complained that construction of the said micro-compost plants at the aforesaid places were causing air pollution and serious health hazards to the residents in the neighborhood. In that factual backdrop, these Writ Petitions have been filed. 4. It is complained that construction of the said micro-compost plants at the aforesaid places were causing air pollution and serious health hazards to the residents in the neighborhood. In that factual backdrop, these Writ Petitions have been filed. 4. The Learned Counsel for the Respondents submitted that in furtherance to the Scheme formulated by the Central Government under the Solid Waste Management Rules, 2016, it had been decided by the Tirunelveli Corporation that instead of dumping the daily collected waste in a single plant or land fill site, the same should be disposed within the respective wards of the local body by adopting advanced technologies by opening a number of solid waste handling facilities called micro-compost plant so that such waste generated can be re-used in the respective areas. It is explained that due to rapid urbanization, there is scarcity of place in Tirunelveli Corporation limits and with great difficulty, small portions of larger extents of land belonging to the Tirunelveli Corporation that had been earmarked for 'park' have been identified for locating the micro-compost plants, for which the Petitioners cannot take any exception. Reliance is placed on the decision of the Division Bench of this Court in M.G.M. Nagar Nala Munnetra Sangam -vs- Commissioner (Order dated 11.12.2018 in W.P. No. 12779) in which a similar contention that the place earmarked by local body for maintaining a 'park' could not be used for any other purpose has been rejected. It is also highlighted that it would be meaningless to shift the micro-compost plants to some other distant places as it would not serve the very purpose of establishing the same if they were far away from the places where waste generated had to be collected and disposed in a scientific manner. It is further added that the micro-compost plants have become functional during the pendency of these Writ Petitions. 5. It is further added that the micro-compost plants have become functional during the pendency of these Writ Petitions. 5. Having due regard to the aforesaid rival submissions, we had sought for a report from the District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli in respect of the aforesaid micro-compost plants and after inspection, a report dated 23.11.2018 has been filed, in which it has been reported as follows:- “I respectfully submit that Rule No. 15 (y) of the Solid Waste Management Rules, 2016, states that setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tons per day including sanitary landfills has to obtain authorisation from the State Pollution Control Board or the Pollution Control Committee, as the case may be. Since the said Micro Composting facility is constructed to process a maximum of 1..0 tons/day of compostable waste, authorisation from Tamilnadu Pollution Control Board is not required. Also as per B.P. No. 06 dated 02.08.2016 on the list of industries under revised categorisation of industries in view of directions issued by the Central Pollution Control Board under Section 18 (1) (b) of the Water (P&CP) Act, 1974, and the Air (P&CP) Act, 1981, the production of "organic manure (manure mixing)" is categorized as White Category vide No. 4028 and as per B.P. No. 06 dated 02.08.2016 there shall be no necessity of obtaining the consent to operate for white category of industries and an intimation to SPCB shall suffice as per B.P. No. 5 dated 02.08.2016. I respectfully submit that the Tirunelveli Municipal Corporation shall take necessary action on the following: a. The micro compost facility shall receive only segregated bio compostable solid waste and no segregation process shall be carried out in the compost site. b. The Leachate shall be re-circulated in compost plant for moisture maintenance. c. The micro compost facility shall receive only require quantity of bio compostable solid waste so as to be treated in the facility and storage of waste shall not be practised in the premises. b. The Leachate shall be re-circulated in compost plant for moisture maintenance. c. The micro compost facility shall receive only require quantity of bio compostable solid waste so as to be treated in the facility and storage of waste shall not be practised in the premises. d. Necessary precaution shall be taken to minimise nuisance of odour, flies, rodents, bird menace and fire hazard; e. The compost produced from the facility shall be removed then and there and shall be utilised without accumulation in the premises." In the light of the aforesaid report, we find that the apprehension of the Petitioners that the location of the micro-compost plants would create air pollution and other health hazards is imaginary and unsubstantiated. The Petitioners have not been able to show that the location of the micro-compost plants are in violation of any statutory provision for which this Court could intervene in the matter. Further, as seen from the report of the Pollution Control Board, the volume of waste generated each day does not exceed 5 metric tonnes and as such, the necessity to obtain authorization from the State Pollution Control Board or the Pollution Control Committee under Rule 15(y) of the Solid Waste Management Rules, 2016, does not arise in these cases. It is needless to reiterate that it is not within the realm of the Courts to decide which area should be used or not used for the purpose of establishing the micro-compost plants in the absence of any statutory prohibition. There does not appear to be any infirmity in the decision-making process of the Respondents in locating the micro-compost plants warranting interference of this Court in the exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, 1950. However, it is made clear that the refusal of this Court to grant the aforesaid relief claimed by the Petitioners would not preclude the rights of the Petitioners to seek necessary relief from the concerned forum when there is any dereliction of duty by the concerned officials of the Tirunelveli Corporation in the maintenance of the micro-compost plants in a hygienic condition in strict compliance of the relevant laws and norms stipulated by the Pollution Control Board in this regard. 6. Accordingly, the Writ Petitions are dismissed with aforesaid observations. No costs. Consequently, the connected Miscellaneous Petitions are closed.