Madurai: The Madurai Bench of Madras High Court on Wednesday directed that the ban on using oil, shampoos, soaps, detergents, shikakai (soap nut) and plastic items in the Courtallam waterfalls should continue. The ruling follows the receipt of the views of experts that these items would cause environmental hazards and pollute the quality of the water, which is used for drinking and agriculture purposes in the region.
The division bench comprising Justices S. Nagamuthu and M.V. Muralidaran modified its earlier direction following a submission made by the Tirunelveli district collector that some of the court directions could not be complied with due to practical difficulties.
Accepting the collector's view that it would be difficult to prohibit the sales of oil, shampoos, soaps, detergents and shikakai in the Courtrallam area except for the personal use of the natives of the town panchayat, the court observed that there was no classification of native and non-natives.
As the right to trade is a fundamental right by the Indian constitution, this court could only prohibit the sales of any of these items within a reasonable distance from the waterfalls. As authorities also expressed the view that they have no power to impose fines on violators, the court directed them to take action against the violators in accordance with the law.
The bench also stuck to its earlier direction on prohibition of sale of liquor or setting up of TASMAC shops within 1.5 kms from the waterfalls. Justice Nagamuthu also observed that allowing bars to function in TASMAC shops in town should not be misconstrued as if the court is endorsing the establishment of the same in the entire state.
While the court asked the authorities to take legal action against the people who were found drinking either sitting inside a car or on the public road or open spaces, it agreed with the opinion of the officials that it would be difficult to capture these violators on video.
The court also directed the authorities to prevent people in inebriated condition and who could lose their balance from bathing in the waterfalls and to use breathalysers for checking. The court also prohibited the usage of polyethylene materials in Courtallam town and Ayirapperi village panchayat.
