In The High Court of Judicature at Madras W.P. No. of 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS
W.P. No. of 2007
1. K. Balamurugan,
Co-ordinator,
Lake, Pond, Water Resources Protection Movement,
No. 32, Old Gingee Road,
Villupuram – 605 602.
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
Villupuram District.
3. M. Kanthasamy
21, Subramanya Sami Koil Street,
Tindivanam.
4. P.V. Ramesh
186, Thiru. Vi. Ka. Salai,
5. M. Nagarajan,
Siruvalai Village and Post
6. P. A. Lucia
2/833, Periyar Street,
Vazhuthareddi
Villupuram -605 602.
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
Page No. 1 / Corrns.

-2-
8. V. Antony Cruz
10, Visvalingam Lay out,
Villupuram – 6005 602 …Petitioners
-Vs-
1. The State of Tamilnadu

Represented by the Secretary,
Environment and Forest Department,
Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Education Department
Fort St.George
Chennai – 600 009.
3. The Secretary
Public Works Department
Fort St. George
Chennai – 600 009.
4. The District Collector,

Villupuram District,
Collectorate,
Villupuram.
5. The District Revenue Officer

Villupuram District
Villupuram.
6. The Director of Medical Education

DMS Co mpound,
Chennai – 10.
7. The Tamil Nadu Pollution Control Board

Guindy
Chennai ….Respondents
AFFIDAVIT OF K. BALAMURUGAN
I, K. Balamurugan, S/o. Kaasinathan, aged about 31 years, residing at No.

-3-
32, Old Gingee Road, (Behind Mariamman Koil), Villupuram – 605 602 now
temporarily come down to Chennai, do hereby solemnly affirm and sincerely state
as follows.
1. I am the first petitioner herein and as such am well acquainted with the
facts and circumstances of the case.
2. I am filing this Writ Petition in the nature of a Public Interest Litigation

seeking a Direction from this Hon’ble Court restraining the Respondents from
interfering with the natural resources namely the Mundiyambakkam Lake in
Villupuram District and from disturbing the lake by putting up any construction or
from altering the landscape in Survey No. 144-1, Mundiyambakkam Village,
3.I am the Coordinator of the Lake, Pond, Water Resources Protection Movement
– hereinafter referred to as Movement - which is a consortium of many
organizations, networks, professionals, human rights activists, educationists,
individuals and community based organizations. The said movement was formed
on 05-01-07, with an objective to protect and prevent the degradation of the
natural water sources like the lakes, ponds and other water resources throughout
the state. The Second Petitioner is a retired College Lecturer and a renowned
human rights activist. He is also the Secretary of Tindivanam Town and Rural
Education Improvement Trust. He is also the Organiser of Makkal Kalvi Iyakkam.
The Third Petitioner is the Tindivanam Town Secretary of the Tamizh Desa
Podhuvudamai Katchi, President of Town Education Improvement Committee and
also the President of the Tindivanam Town and Rural Education Improvement
Trust. The Fourth Petitioner is the Villupuram District Principal Organiser,
Human Rights Organisation working for the past 20 years on various human rights
issues. The Fifth Petitioner is the State Treasurer of Pazhangudi Irullar Padugappu
Sangam working for the welfare and the rights of the Irula Triabals. The Sixth
Petitioner is an advocate and also women’s rights and tribal rights activist. The
Seventh Petitioner is District Secretary, Marxist Periyar Podhuvudamai Katchi.
-4-
and a senior activist working towards abolition of social evils and rights of people.
The Eighth Petitioner is a child rights activist working towards the promotion and
protection of the rights of children.
4. We came to know that the Government of Tamil Nadu was planning to start
a Medical College in Villupuram District and the same was announced on 22-06-
06 during the Budget session of the Legislative Assembly of Tamilnadu for the
year 2006-2007. Following the said announcement, the Director of Medical
Education had sent necessary proposals to the government for starting a new
Medical College at Villupuram District. The government, based on the said
proposal, issued orders vide G.O.Ms. No. 161, Health and Family Welfare
(MCA1) department, dated 30.08.2006, stating that a new Medical college shall be
established at Villupuram district with an intake of hundred students from the
academic year 2007-2008.
5. We welcomed the decision to start a Medical College in Villupuram

District. Based on the said government order, a committee comprising of the Fifth
Respondent and the other concerned authorities started looking out for the
appropriate place for the construction of the Medical college building. We came
to know from News Paper reports dated 27-12-2006 that the Hon’ble Health
Minister and Education Minister of Tamilnadu visited Villupuram to select the site
for construction of Medical College; that they inspected the four lakes in and
around Villupuram, viz., the Virattikuppam Lake, the Mundiampakkam Lake, the
Vikkiravaandi Lake and the Muthaampalayam Lake; that the final decision will be
announced later.
6. Knowing that the officials are considering only the lakes for construction of
Medical College, there were widespread oppositions from the general public that
the lakes should be protected and Medical College should not be constructed in
any of the lakes mentioned above. Prof. K. Dhanaraj, the Member of Parliament,
Tindivanam Constituency also addressed a letter to the District Revenue Officer
-5-
seeking clarification about the site chosen for construction of Medical College. In
response to these oppositions from the general public, the Minister for Education
Department issued a statement on 10-01-07 that though water catchment areas
were visited to select the land for the Medical college, the agricultural lands will
not be taken for construction of Medical college and that the District Collector was
asked to identify alternate sites.
7. Despite the oppositions and the clarification issued by the Minister for
Higher Education, it was reported in the news papers on 07-02-07 that a meeting
on the development activities of Villupuram Town was held at the Office of
Villupuram Municipality on 06-02-07 which was presided over by the Minister of
Education in the presence of the District Collector. In the said meeting the
Minister for Education announced that 25 acres of land is needed for construction
of Medical College; that there is no other land available in the District and hence it
was decided to construct the Medical College building at Mundiyambakkam Lake.
The same was reiterated by the 5th Respondent in his response to Prof. K.
Dhanaraj, Member of Parliament in his letter dated 12-02-07.
8. Prof. Dhanraj, Member of Parliament, on the same day, i.e., on 12-02-07,

addressed another letter to the District Revenue Officer registering his objection
in choosing the Mundiyambakkam Lake for construction of the Medical College.
He has stated in that letter that the general public has given complaints to him that
no construction activity should be initiated at the lake site. On hearing the decision
that Mundiyambakkam Lake has been chosen as the site for the construction of
Medical College, a protest demonstration was held on 02-03-07 by the Movement
stating that the lakes should not be used for any construction activities. In the
protest The Movement also condemned the effort of Tindivanam Municipaoity to
bring the Bus stand in Tindivanam Lake.
9. As soon as the decision of the authorities was known to the people,

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opposition started pouring in from all sections against the decision of choosing the
Mundiampakkam Lake for construction of the Medical college. Apart from the
common people, the activists, people belonging to various political parties and
even the Member of Parliament from Tindivanam constituency had also raised
serious objections over the decision of the officials concerned to construct the
Medical college building in the Mundiampakkam Lake. By a letter dated 31-03-
07, Mr. Dhanaraj, Member of Parliament, has addressed a letter to the Minister of
Public health and Family welfare, stating that the general public and people from
different walks of life are opposing the construction of Medical College at the
Mundiyambakkam Lake and that the same should be taken into consideration to
review the site for construction of Medical College.
10. It is pertinent to note here that the Minister for Public Works Department
announced on 04-04-07, that a new legislation would be enacted in order to protect
the lakes, which have been affected by encroachments and pollution. But only two
days later i.e., on 06-04-07, the same minister who had announced about the
enactment of the new legislation to protect the lakes, visited the Mundiampakkam
Lake and informed the media that the Government Medical college would indeed
be built in the Mundiampakkam Lake.
11. The announcement by the Minister for Public Works Department enraged
the people and activists alike as everyone were expecting that the proposal would
be revised since the said Minister had announced about the new Legislation to
protect the lakes and water bodies. Hence an emergency meeting of the Movement
was convened on 08.04.07. Based on the discussions that emerged during the
meeting, a Representation dated 09-04-07 was sent to various Officials including
the Chief Minister’s Special Cell and the First Respondent herein.
12. The said representation was forwarded by the Chief Minister Special Cell
to the 4 th Respondent. Thereafter the Revenue Divisional Officer by a letter dated

-7-
23-05-07 invited me to participate in an enquiry in this regard. Accordingly I met
the 5th Respondent along with few other members on 29-05-07 and gave our
explanations about our opposition to construct the Medical College in
Mundiyambakkam Lake. On 08-06-07, we received a letter dated 29-05-07 from
the Revenue Divisional Officer informing us that he had sent a report to the 4th
respondent about the explanations given by us. But the Respondents have neither
informed us about the contents of the report nor about the action taken by him
based on the said report.
13. In spite of the mounting opposition against the building of Medical college
in the Mundiampakkam Lake, the officials concerned did not seem to heed to the
demands and requests of the people, but went ahead with the proposal. The 4th
Respondent organised a grand ceremony to lay the foundation stone for
Villupuram Government Medical College on 19-05-07, by printing invitations. On
19-05-07, foundation stone was laid to begin the construction of the building for
the Medical college in the Mundiampakkam Lake by the Minister for Local
Administration Department. The said function was attended by the Ministers of
Education Department, Health Department, the 4th Respondent and several other
officials. To organise the said function the lake area was levelled by filling debris.
14. Certain basic facts about the water bodies in Tamilnadu will be helpful to
appreciate the opposition of the general public against the construction of Medical
College in the Lake. There are more than 10 thousands lakes in Tamilnadu. In the
past as soon as the Lakes reached its fullest level there used to be a system by
which the sluices of the lakes will be opened and the water will be diverted to the
next lake. Around 15 lakes used to be connected like this through water channels.
More than 100 hectares of cultivable lands used to benefit from these lakes. The
maintenance of the lakes was always with the people or the local panchayats. The
lakes were not filled every year. On an average in a period of every 5 years the
lakes remain full for three years. Accordingly the farmers planned their
cultivation. In the year 1960, 880 thousand hectares of land (36%) were under
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river and water channels irrigation, 936 thousand hectares of land (38%) under
lake irrigation, 597 thousand hectares (24%) under well irrigation and 46 thousand
hectares (2%) by other sources. Totally 2462 thousand hectares were under
cultivation. According to the Department of Statistics even by the year 2003 the
same extent of land was under cultivation. But 38% of Lake irrigation came down
by 18%, Channel irrigation came down by 26% and well irrigation went up from
24% to 54%. Because of the raise of 30% cultivation depending on well irrigation
the demand on ground water has gone up and this has also led to the consumption
of electricity by bore-wells and pump-sets. The ground water level has gone from
20ft to the range of 200 to 2000 ft in various parts of the State.
15. The area of Mundiyambakkam Lake isabout of 42 acres. It is situated near

the Villupuram Town. Many acres of land are being irrigated with this water
source. It is pertinent to note that the Villupuram Poonthottam Lake was earlier
taken over by the Government of Tamilnadu to construct Villupuram Bus stand
and various other Government offices. That was one of the biggest lakes of
Villupuram with an extent of 48.39 acres. That lake was the source of drinking
water for the people of Villupuram Town and has now disappeared for the needs
of the Government. Another big lake of Villupuram District has been ignored
without any attention or measures to repair the feeder channels for natural flow of
water into the lake during the rainy season. The same is now being identified for
construction of a Medical College. Further it has been stated by the people that
there are vast stretch of lands available arround Villupuram town which can be
utilized for construction of Medical college. Hence the chosen site is not
appropriate for the benefit of the people of Villupuram District.
16. It is pertinent note that before laying the foundation stone for building the
Medical college in Mundiampakkam Lake, no environment impact assessment
was done by the concerned department. Further, if the lake is covered up by the
Medical college buildings, it would diminish the chances of water storage in and
-9-
around the area and hence there would be further reduction in the ground water
table, which is now below 200ft. I am constrained to state that in the last few
years, the ground water table which was at 20ft. surged below 200ft. due to
various encroachments leading to the permanent destruction of many lakes in
Villupuram district.
17. I state that the Secretary to the Government, Revenue Department issued a
circular to all the Government Officials on 26.11.2004 stating that considering the
importance of the Poramboke Water bodies, Poramboke Burial Grounds and
Poramboke green-lands, the State Government has prohibited any Transaction
with regard to the above mentioned lands. The Prohibition was also extended to
include the use of these lands for Government Departments as well as Government
corporations. The Collectors as well as the District Revenue Officers were advised
not to recommend or to give preference to the use of these lands, even in situations
of utmost importance. The District Collectors and the Revenue Development
Officers were instructed to adhere to this notification strictly even in future. While
so, the act of the Respondents in identifying the Mundiyambakkam Lake for
construction of the Medical College is highly arbitrary and against the Policy of
the Government.
18. I state that in-spite of various Representations sent to the Respondents and
other concerned officials, no action has been initiated by the concerned authorities
as well as the Respondents. The Respondents have started digging the soil in the
Mundiyambakkam Lake for the purpose of testing the same to check if it would
suit the needs of the Respondents to construct the buildings for the Medical
College. The Respondents did not even bother to look into other options like the
poramboke lands along the stretch of the National Highway from Villupuram
towards Chennai.
19. The activities of the Respondents in finalizing the Mundiyambakkam Lake

for the construction of the buildings for Medical College are highly unreasonable.
- 10 -
The Respondents have failed to take into consideration the existence of a Sugar
Factory nearby, the effluents of which would affect the hygiene of the patients
when a hospital is going to be situated near it.
20. The Respondents have failed to consider the fact that the
Mundiyambakkam Lake is the lifeline of the Farmers in and around it. If the Lake
is closed for the purpose of constructing the buildings for the Medical College, it
would wreak havoc to the lives of the farmers who are dependent on the storage of
rain water in the said Lake for replenishing the ground water during and after the
rainy season. But all these reasons have failed to appeal to the Respondents who
are bent upon destroying the Lake along with the lives and livelihoods of
thousands of people living in and around the Lake.
In these circumstances, as I am left with no other alternate and equally efficacious

remedy, I am constrained to approach this Hon’ble Court by way of this Writ
Petition under Article 226 of the Constitution of India for the following among
other
GROUNDS
A. The act of the Respondents in choosing the Mundiampakkam Lake for

construction of Medical college in Villupuram District is arbitrary, unreasonable
and in violation of Art 14, 19 and 21 of the Constitution.
B. The impugned order is violative of provisions of S.O.1533 dated 14-09-
2006 issued by the Environment and Forest Department of the Union Government
under Rule %(3) of the Environment (Protection) Rules, 1986.

- 11 -
C. Under the provisions of S.O.1533 dated 14-09-2006 issued by the
Environment and Forest Department of the Union Government, no construction
activity, whether preliminary or otherwise can be commenced without grant of
Environmental Clearance by the Environment Impact Assessment Authority, for
the projects listed in Annexure I of the said notification.
D. The First Respondent has failed to see that what is involved is not a mere
procedural infraction but is the question of Rule of Law and the adherence to
Environmental Regulation.
E. The First Respondent has failed to see that lakes and water bodies have to
be preserved and any failure in this regard would have serious repercussions on
the livelihood and water security for communities.
F. The First Respondent has failed to see that any construction in the
catchments, which cut off water flows into the lake would eventually cause the
lake to dry up, leading to severe ill-effects on the farmers and other people around
the lake.
G. The failure of the First Respondent to enforce the law and the failure to
protect a significant water body affects the rights of the citizens to clean and
healthy environment, which has been recognised as part of right to life enshrined
in Art. 21 of the Constitution.
Page No.11 / Corrns.

- 12 -
H. The construction of Medical college at Mundiyambakkam Lake is in
violation of Arts. 48A and 51A of the Constitution. The Apex Court has held in
various instances that these two Constitutional provisions are fundamental in the
governance of the country and need to be read with Arts. 14, 19 and 21 of the
Constitution.
I. The Respondents have failed to see that the tanks, lakes and water bodies
are communal property and the State authorities are trustees to hold and manage
such properties for the benefits of the community and that they cannot commit any
act or omission which will infringe the right of the community and alienate the
property for any other purpose. The decision of the Respondents to construct
Medical college in the Lake is in violation of Doctrine of Public Trust, as the State
being the “trustee” of the natural resources and public property should maintain
the traditional usage particular to that form of resources.
J. The Respondents have failed to apply the principles enunciated by the
Supreme Court in plethora of judgements asserting the need for environmental
protection and conservation of natural resources.
K. The decision to construct the Medical college at the Mundiyambakkam
Lake is in violation of the principle of “State Responsibility” for pollution
emanating within one’s own territories. This responsibility is clearly enunciated in
the United Nations Conference on the Human Environment, Stockholm 1972
(Stockholm Convention) to which India is a party. In the said Declaration it is
stated that

- 13 -
“The natural resources of the earth, including the air, water, land, flora and
fauna and especially representative samples of natural ecosystems, must be
safeguarded for the benefit of present and future generation through careful
planning or management, as appropriate.”
The responsibility bestowed upon the Government in the said Declaration is being
violated by constructing Medical college in the lake.
L. The decision of Respondents to construct Medical college at

Mundiyambakkam Lake is in violation of the Principle of “Inter Generational
Equity” which is enunciated in Principles 1 and 2 of the Stockholm Declaration,
which has been ratified by the Government of India.
The Petitioners herein are filing this Petition jointly as the cause of action
and the Respondents are one and the same. It is therefore just and necessary that
the Petitioners be permitted to file a Single Writ Petition as the relief sought is also
common.
It is therefore prayed that this Hon’ble Court may be pleased to permit the
Petitioners to join together and file a Single Writ Petition and thus render justice.
The Petitioners have made out a prima facie case. The Respondents are
indulging in changing the landscape of the Mundiyambakkam Lake by filling with
debris collected from the demolition of buildings due to expansion of the National
Highway NH 45. It is therefore just and necessary that the Respondents are
restrained from interfering with the landscape of Mundiyambakkam Lake in
Survey No. 144-1 at Mundiyambakkam Village, Villupuram District being an
extent of 16.45 hectares, failing which the general public will be put to irreparable
- 14 -
loss, hardship and injury. The Respondents will not be prejudiced by the same and
the balance of convenience lies in favour of protecting the natural resources and
the common property of the people.
It is therefore prayed that this Hon’ble Court may be pleased to pass an

order of interim injunction restraining the Respondents from proceeding with any
construction activity or from interfering with the landscape of Mundiyambakkam
Lake in Survey No. 144-1 at Mundiyambakkam Village, Villupuram District being
an extent of 16.45 hectares pending disposal of the writ petition and thus render
justice.

interim direction directing the Respondents to remove the debris filled in
Mundiyambakkam Lake in Survey No. 144-1 at Mundiyambakkam Village,
Villupuram District being an extent of 16.45 hectares pending disposal of the writ
petition and thus render justice.

Order or a Direction or a Writ particularly in the nature of Writ of Mandamus
directing the Respondent not to commit any act or omission which will interfere
with landscape of Mundiyambakkam Lake in Survey No. 144-1 at
Mundiyambakkam Village, Villupuram District being an extent of 16.45 hectares
and consequentially protect and preserve the said Lake from any development and
construction activities whatsoever and be maintained as a water body by restoring
status quo anti prior to G.O.Ms. No.161 date 30-08-06 and pass such further or
other order or orders as may be deemed fit and proper in the circumstances of the
case and thus render Justice.
Solemnly affirmed at Chennai this Before Me

the day of July, 2007 and affixed
his signature in my presence.
Advocate, Chennai
MEMORANDUM OF WRIT PETITION
(U/A 226 of the Constitution of India)

(Special Original Jurisdiction)
W.P.No. of 2007
1. K. Balamurugan,
Co-ordinator,
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
3. M. Kanthasamy
Tindivanam.
4. P.V. Ramesh
5. M. Nagarajan,
6. P. A. Lucia
Vazhuthareddi
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
-2-
8. V. Antony Cruz
-Vs-

Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Fort St.George
Chennai – 600 009.
3. The Secretary
Fort St. George
Chennai – 600 009.

Collectorate,
Villupuram.

Villupuram District
Villupuram.

DMS Compound,
Chennai – 10.

Guindy
WRIT PETITION
The address for service of all notices and processes on the Petitioners are
that of their Counsel M/s. D. Geetha, R. Diwakaran and S. Anbazhagan having
office at No.319, II Floor, Linghi Chetty Street, George Town, Chennai - 1.
-3-
The address for service of all notices and process on the Respondent is the
same as above.
For the reasons stated in the accompanying Affidavit it is therefore prayed

that this Hon’ble Court may be pleased to pass an Order or a Direction or a Writ
particularly in the nature of Writ of Mandamus directing the Respondent not to
commit any act or omission which will interfere wi th landscape of
Mundiyambakkam Lake in Survey No. 144-1 at Mundiyambakkam Village,
Villupuram District being an extent of 16.45 hectares and consequentially protect
and preserve the said Lake from any development and construction activities
whatsoever and be maintained as a water body by restoring status quo anti prior to
G.O.Ms. No.161 date 30-08-06 and pass such further or other order or orders as
may be deemed fit and proper in the circumstances of the case and thus render
Justice.
Dated at Chennai this the 26th day of July 2007.
Counsel for Petitioner.
MEMORANDUM OF WRIT OF MISCELLANEOUS PETITION


M.P.No. of 2007
in
W.P.No. of 2007
1. K. Balamurugan,
Co-ordinator,
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
3. M. Kanthasamy
Tindivanam.
4. P.V. Ramesh
5. M. Nagarajan,
6. P. A. Lucia
Vazhuthareddi
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
-2-
8. V. Antony Cruz
-Vs-

Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Fort St.George
Chennai – 600 009.
3. The Secretary
Fort St. George
Chennai – 600 009.

Collectorate,
Villupuram.

Villupuram District
Villupuram.

DMS Compound,
Chennai – 10.

Guindy
INTERIM INJUNCTION PETITION
-3-
that this Hon’ble Court may be pleased to pass an order of interim injunction
restraining the Respondents from proceeding with any construction activity or
from interfering with the landscape of Mundiyambakkam Lake in Survey No. 144-
1 at Mundiyambakkam Village, Villupuram District being an extent of 16.45
hectares pending disposal of the writ petition and thus render justice.



M.P.No. of 2007
in
W.P.No. of 2007
1. K. Balamurugan,
Co-ordinator,
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
3. M. Kanthasamy
Tindivanam.
4. P.V. Ramesh
5. M. Nagarajan,
6. P. A. Lucia
Vazhuthareddi
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
-2-
8. V. Antony Cruz
-Vs-

Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Fort St.George
Chennai – 600 009.
3. The Secretary
Fort St. George
Chennai – 600 009.

Collectorate,
Villupuram.

Villupuram District
Villupuram.

DMS Compound,
Chennai – 10.

Guindy
DIRECTION PETITION
that this Hon’ble Court may be pleased to pass an interim direction directing the
Respondents to remove the debris filled in Mundiyambakkam Lake in Survey No.
-3-
144-1 at Mundiyambakkam Village, Villupuram District being an extent of 16.45



M.P.No. of 2007
in
W.P.No. of 2007
1. K. Balamurugan,
Co-ordinator,
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
3. M. Kanthasamy
Tindivanam.
4. P.V. Ramesh
5. M. Nagarajan,
6. P. A. Lucia
Vazhuthareddi
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
-2-
8. V. Antony Cruz
-Vs-
Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Fort St.George
Chennai – 600 009.
3. The Secretary
Fort St. George
Chennai – 600 009.

Collectorate,
Villupuram.

Villupuram District
Villupuram.

DMS Compound,
Chennai – 10.

Guindy
DIRECTION PETITION
that this Hon’ble Court may be pleased to pass an interim direction directing the
Respondents to remove the debris filled in Mundiyambakkam Lake in Survey No.
144-1 at Mundiyambakkam Village, Villupuram District being an extent of 16.45


M.P.No. of 2007
in
W.P.No. of 2007
1. K. Balamurugan,
Co-ordinator,
2. P. Kalyani
NO.7, College Road,
Bharathidasan Nagar
Tinidivanam
3. M. Kanthasamy
Tindivanam.
4. P.V. Ramesh
5. M. Nagarajan,
6. P. A. Lucia
Vazhuthareddi
7. A. K. Kuppusamy
2/112, Yaz Kudil
Periyar Street
Sennakunam Post
Thirukovillur
Villupuram
-2-
8. V. Antony Cruz
-Vs-

Secretariat,
Fort St.Goerge,
Chennai – 600009.
2. The Secretary,
Fort St.George
Chennai – 600 009.
3. The Secretary
Fort St. George
Chennai – 600 009.

Collectorate,
Villupuram.

Villupuram District
Villupuram.

DMS Compound,
Chennai – 10.

Guindy
2-B PETITION
(UNDER RULE 2-B APPENDIX (4) A.S. RULES)
For the reasons stated in the accompanying affidavit it is prayed that this
-3-
Hon’ble Court may be pleased to permit the petitioners to join together to file a
single Writ Petition and thus render justice.
Dated at Chennai on this 26th day of July of 2007.

DISTRICT : : VILLUPURAM
HIGH COURT : : MADRAS
W.P . No. of 2007
INDEX TO THE TYPED SET

OF PAPERS
M/S. D.GEETHA
R.DIWAKARAN
S.ANBAZHAGAN
COUNSEL FOR PETITIONER
W.P. No. of 2007
1. K. Balamurugan,
Co-ordinator,
and 7 others …Petitioners

-Vs-
Secretariat, Fort St.Goerge,
Chennai – 600009.
and 6 others. ….Respondents
INDEX TO THE TYPED SET OF PAPERS
S.No Date Particulars Page
1. News Papers publications
Certified that the above copies are true copies.
Dated at Chennai this the day of July 2007.
Counsel for Petitioners.

In The High Court of Judicature at Madras W.P. No. of 2007

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

W.P. No. of 2007

Page No. 1 / Corrns.

1. The State of Tamilnadu

4. The District Collector,

5. The District Revenue Officer

6. The Director of Medical Education

7. The Tamil Nadu Pollution Control Board

I, K. Balamurugan, S/o. Kaasinathan, aged about 31 years, residing at No.

Page No. 2 / Corrns.

2. I am filing this Writ Petition in the nature of a Public Interest Litigation

5. We welcomed the decision to start a Medical College in Villupuram

8. Prof. Dhanraj, Member of Parliament, on the same day, i.e., on 12-02-07,

9. As soon as the decision of the authorities was known to the people,

Page No. 6 / Corrns.

15. The area of Mundiyambakkam Lake isabout of 42 acres. It is situated near

19. The activities of the Respondents in finalizing the Mundiyambakkam Lake

In these circumstances, as I am left with no other alternate and equally efficacious

A. The act of the Respondents in choosing the Mundiampakkam Lake for

B. The impugned order is violative of provisions of S.O.1533 dated 14-09-

under Rule %(3) of the Environment (Protection) Rules, 1986.

Page No. 10 / Corrns.

Environment and Forest Department of the Union Government, no construction

activity, whether preliminary or otherwise can be commenced without grant of

Environmental Clearance by the Environment Impact Assessment Authority, for

the projects listed in Annexure I of the said notification.

the livelihood and water security for communities.

in Art. 21 of the Constitution.

Page No.11 / Corrns.

H. The construction of Medical college at Mundiyambakkam Lake is in

the traditional usage particular to that form of resources.

J. The Respondents have failed to apply the principles enunciated by the

Supreme Court in plethora of judgements asserting the need for environmental

protection and conservation of natural resources.

K. The decision to construct the Medical college at the Mundiyambakkam

Lake is in violation of the principle of “State Responsibility” for pollution

emanating within one’s own territories. This responsibility is clearly enunciated in

the United Nations Conference on the Human Environment, Stockholm 1972

(Stockholm Convention) to which India is a party. In the said Declaration it is

Page No. 12 / Corrns.

fauna and especially representative samples of natural ecosystems, must be

planning or management, as appropriate.”

violated by constructing Medical college in the lake.

L. The decision of Respondents to construct Medical college at

It is therefore prayed that this Hon’ble Court may be pleased to pass an

It is therefore prayed that this Hon’ble Court may be pleased to pass an

It is therefore prayed that this Hon’ble Court may be pleased to pass an

Solemnly affirmed at Chennai this Before Me