Madras High Court asks Nilgiris admin to deal with polythene plea on case merits

Chennai: The Madras high court has directed the Nilgiris district collector to consider and pass orders on a representation from Nilgiris Mavatta Anna Viyabarigal Sangam, to lift the ban order on using polythene, non-oven bags and plastics till alternative materials are found.

A division bench comprising Justices R. Subbiah and P.D. Audikesavalu gave the directive while disposing of a petition from Nilgiris Mavatta Anna Viyabarigal Sangam, which sought a direction to the Nilgiris district collector to dispose of its representation, dated January 22, 2018.

The bench said the case of the petitioner was that its members were small merchants and running various types of shops in the Nilgiris district like cake shop, hotels and bakery, petty shops, tea shops, tea traders, departmental stores and provision stores, and they used to sell the articles by packing materials, by using the polythene bags.

While so, the district collector released a news item to the media by banning the use of polythene, non-oven bags and plastic materials in the district, that too, without issuing any separate proceeding and the same has been publicised through the media by the collector warning the members of the petitioner Sangam not to use the polythene, non-oven bags and plastic for their business.

Thereafter, the petitioner approached the district collector and requested to lift the ban order on using polythene, non-oven bags and plastics till alternative materials were found. In these circumstances, the petitioner Sangam has submitted a representation to the district collector, which has not yet been disposed and hence the petitioner has come forward with the present petition, the bench added.

The bench said when the matter was taken up for consideration, counsel for the petitioner submitted that if a direction to the district collector to consider the representation of the petitioner and pass orders within a stipulated time, it would suffice. “Taking into consideration the limited prayer sought for in the petition, without expressing any opinion with regard to the merits of the case, we direct the Nilgiris district collector to consider the representation of the petitioner and pass orders on merits and in accordance with the law on or before April 15,” the bench added.