Disposed¶45

M/S.Nagammal Street Resident Welfare Association v. the State of Tamil Nadu

Madras HC26 Mar 2025WP/4853/2025

Case brief

AI extract

What is this about?

Sewage Treatment Plant alternate location Coimbatore; writ of mandamus misconceived; public project public interest; objections overruled; public opinion open meetings transparency democratic process dissenting views; Article 226 Constitution of India; Nagammal Street Resident Welfare Association v State of Tamil Nadu; District Collector Coimbatore; Coimbatore Corporation; MAWS; TWAD Board; TNPCB; Directorate of Town and Country Planning; W.P.No.4853 of 2025; disposed 26.03.2025; W.M.P.No.5375 of 2025 closed; no costs.

What did the court decide?

The relief sought in the writ petition is misconceived. ¶33

M/S.Nagammal Street Resident Welfare Association Vs… — Writ and Judicial Review | Madras HC (2025)

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W.P.No.4853 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.03.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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W.P.No.4853 of 2025

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M/s Nagammal Street Resident Welfare Association represented by its President Mr.M.Chinnathambi Nagammal Street, K.K.Pudur Coimbatore 641 038 .. Petitioner

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The State of Tamil Nadu

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rep.by the Additional Chief Secretary Fort St.George, Chennai 600 009

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The District Collector Coimbatore District

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Office of the District Collector Coimbatore 641 018

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The Commissioner Corporation of Coimbatore O/o The Commissioner Coimbatore Corporation Coimbatore 641 001

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Municipal Administration and Water

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.4853 of 2025

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Supply Department (MAWS) represented by the Principal Secretary Fort St.George, Chennai 600 009

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Tamil Nadu Water Supply and Drainage Board rep.by its Chairman TWAD House No.31, Kamarajar Salai Chepauk, Chennai 600 005

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Tamil Nadu Pollution Control Board rep by its Chairperson 76, Mount Road, Guindy Chennai 600 032

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Directorate of Town and Country Planning represented by its Director 2^nd , 3^rd and 4^th Floor C&E Market Road, Koyambedu Chennai 600 107 .. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2^nd , 3^rd and 5^th respondents to consider an alternate location for the construction of the Sewage Treatment Plant presently being constructed in Ward No.34 and 45 Eru Company Compound, Jeeva Nagar Road, K.K.Pudur, Coimbatore, which is in close proximity to the petitioner Association.

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For Petitioner :: Mr.S.Srivatsa

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For Respondents :: Mr.G.Ameedius Government Advocate for R1, R2 and R7 Mr.D.Ferdinand Standing Counsel for R3 Mr.C.Selvaraj

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https://www.mhc.tn.gov.in/judis

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W.P.No.4853 of 2025

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Additional Government Pleader for R4 Mr.S.Silambanan Senior Counsel for Mrs.S.Mekhala Standing Counsel for R5 Mr.J.Ravindran Additional Advocate General assisted by Mr.V.Gunasekar Standing Counsel for R6

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ of mandamus has been instituted to direct the respondents 2, 3 & 5 to consider an alternate location for the construction of Sewage Treatment Plant, presently being constructed in Ward No.34 and 45 Eru Company Compound, Jeeva Nagar Road, K.K.Pudur, Coimbatore, which is in close proximity to the petitioner Association.

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The relief as such sought for in the writ petition is misconceived. The construction of Sewage Treatment Plant undertaken by the Coimbatore Corporation is a public project and in the interest of public. The petitioner Association has raised certain objections. However, the objections are

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W.P.No.4853 of 2025

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overruled and the project is in the process of implementation.

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It is needless to state that the authorities have to conduct public

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meetings, secure opinion from the public, for implementation of such important schemes for the welfare of the public. Transparency and democratic process require that the Government projects are implemented by duly obtaining public opinion and such meetings are to be widely notified enabling the interested public to participate in the process of debate. However, in practice, such meetings are not properly conducted. The interested persons are unable to participate. It goes to the root of the democratic process and the respondents 1 & 2 hereinafter shall ensure that public opinion is sought for implementation of public projects by conducting open meeting by making publications in a wider manner. It is made clear that meetings should be conducted in fruitful manner by providing opportunity to the public to express their dissenting views.

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In view of the facts, the relief as such sought for in the present writ petition cannot be granted by this Court and the authorities shall ensure that

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W.P.No.4853 of 2025

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the projects are being implemented without causing much inconvenience to

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the people of that locality. The writ petition stands disposed of. Consequently, W.M.P.No.5375 of 2025 is closed. No costs.

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Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 26.03.2025

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The Additional Chief Secretary Municipal Administration and Water Supply Department Fort St.George, Chennai 600 009

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The District Collector Coimbatore District Office of the District Collector Coimbatore 641 018

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The Commissioner Corporation of Coimbatore O/o The Commissioner Coimbatore Corporation Coimbatore 641 001

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The Principal Secretary Municipal Administration and Water Supply Department (MAWS) Fort St.George, Chennai 600 009

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Page 5 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.4853 of 2025

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5. The Chairman

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Tamil Nadu Water Supply and Drainage Board TWAD House No.31, Kamarajar Salai Chepauk, Chennai 600 005

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The Chairperson Tamil Nadu Pollution Control Board 76, Mount Road, Guindy Chennai 600 032

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The Director Directorate of Town and Country Planning 2^nd , 3^rd and 4^th Floor C&E Market Road, Koyambedu Chennai 600 107

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Page 6 of 7

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W.P.No.4853 of 2025

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

W.P.No.4853 of 2025

26.03.2025

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M/S.Nagammal Street Resident Welfare Association v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M/S.Nagammal Street Resident Welfare Association v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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