Dismissed¶62

S.T.Sivagnanan v. the State of Tamil Nadu

Madras HC9 Sept 2025WP/5813/2024

Case brief

AI extract

What is this about?

Writ of mandamus; Article 226 Constitution of India; sewage and effluent discharge; untreated sewage; Tamil Nadu Pollution Control Board; counter affidavit; inspection report; Noise Pollution (Regulation and Control) Rules, 2000; ambient noise level; Maha Sivarathri festival; festival/gathering permissions; Velliangiri forest area; Ikkarai Booluvampatti Village; Coimbatore South; S.No.1080/1; Isha Foundation; successive writ petitions on same grievance; nothing survives; dismissal; no order as to costs; interim applications dismissed.

What did the court decide?

In view of the dismissal of the subsequent petition, nothing survives for consideration in the present petition; the petition is dismissed, there shall be no order as to costs, and the interim applications are also dismissed. ¶62

S.T.Sivagnanan Vs the State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 6 to take appropriate action to stop the discharge of sewage and effluents by the 7th respondent into the neighbouring lands of the petitioner in S.No.1080/1 (including S.Nos.1080/2E, 2F, 2H, 2J and 2K, Ikkarai Booluvampatti Village, Coimbatore South), and further to direct them not to issue any permission/license to the 7th respondent to conduct festivals or gatherings without appropriate sewage-discharge arrangements and measures to prevent disturbance to animals in the nearby Velliangiri forest area. +1 more

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Court's answer

While the present petition was pending, the question whether the seventh respondent was continuing to discharge untreated sewage water into the petitioner's lands remained undecided; the disposal rests on the dismissal of the subsequent petition, in which the Board's inspection and report were found satisfactory, and not on an independent adjudication of that allegation.

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Ratio / Principle

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (Manindra Mohan Shrivastava, CJ and G. Arul Murugan, J.; order of the Court made by the Hon'ble Chief Justice) — W.P.No.5813 of 2024 with W.M.P.Nos.6449, 6451 & 6453 of 2024, decided 09.09.2025 — S.T.Sivagnanan v. State of Tamil Nadu and others (including the Tamil Nadu Pollution Control Board and Isha Foundation as 7th respondent). The petitioner sought a writ of mandamus under Article 226 of the Constitution of India directing official respondents to take action to stop the alleged discharge of sewage and effluents by the 7th respondent into his lands at Ikkarai Booluvampatti Village, Coimbatore South (S.No.1080/1 and S.Nos.1080/2E, 2F, 2H, 2J and 2K), and to refrain from issuing any permission/license to the 7th respondent for festivals or gatherings without proper sewage-discharge arrangements and measures to prevent disturbance to animals in the nearby Velliangiri forest area. While this petition was pending, the petitioner filed a fresh petition seeking similar reliefs, which was dismissed by order dated 24.02.2025 after the Tamil Nadu Pollution Control Board's inspection and report were found satisfactory. Holding that, in view of the dismissal of the subsequent petition, nothing survived for consideration in the present petition, the Court dismissed it with no order as to costs; the interim applications were also dismissed. No precedent was cited. The judgment records that the issue whether the 7th respondent was continuing to discharge untreated sewage into the petitioner's lands was left undecided in this petition.

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W.P.No.5813 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.09.2025

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CORAM :

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THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

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CHIEF JUSTICE AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.No.5813 of 2024

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W.M.P.Nos.6449, 6451 & 6453 of 2024

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S.T.Sivagnanan .. Petitioner

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Vs.

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The State of Tamil Nadu

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Rep. by its Secretary to Government Environment, Climate Change and Forests Department Secretariat, Fort St. George

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Chennai 600 009.

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The District Collector Office of the District Collector 7/1, State Bank Rd Gopalapuram

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Coimbatore 641 018.

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The Superintendent of Police, Coimbatore State Bank Rd, Gopalapuram Coimbatore 641 018.

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The Tamil Nadu Pollution Control Board Rep. by its Chairman No.74, Anna Salai, Guindy Chennai 600 032.

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_____________ Page 1 of 10_

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

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W.P.No.5813 of 2024

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The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South Plot No.E55A, SIDCO Industrial Estate Pollach Main Road, Kuruchi Coimbatore 641 021.

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The District Forest Officer Tamil Nadu Forest Academy Campus Vanaviyal College Coimbatore 641 043.

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Isha Foundation Rep. by its Trustee Velliangiri Foothills Ishana Vihar Post Coimbatore 641 114.

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.. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 6 to take appropriate action to stop the discharge of sewage and effluents by the 7^th respondent into the neighbouring lands of the petitioner in S.No.1080/1 including but not limited to lands comprised in S.Nos.1080/2E, 2F, 2H, 2J and 2K, Ikkarai Booluvampatti Village, Coimbatore South and further direct them not to issue any permission/license to the 7^th respondent to conduct any festivals or gathering without making appropriate arrangements for the discharge of sewage and effluents in a proper manner and making proper arrangements to prevent the disturbance to the animals in the nearby Velliangiri forest area.

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Page 2 of 10

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

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W.P.No.5813 of 2024

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For Petitioner : Mrs.Chitra Sampath Senior Counsel For Mr.Aravind J For Respondents : Dr.T.Seenivasan Spl. Govt. Pleader (Forest) for Respondents 1 & 6 Mr.K.Karthik Jegannath Government Advocate for Respondent-2 Mr.Muniyapparaj Additional Public Prosecutor for Respondent-3 Mr.J.Ravindran Additional Advocate General Assisted by Mr.V.Gunasekar Standing Counsel for Respondents 4 & 5 Mr.Sathish Parasaran Senior Counsel For Mr.K.Gowtham Kumar for Respondent-7

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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This petition was filed by petitioner seeking a direction to

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Page 3 of 10

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

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W.P.No.5813 of 2024

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official respondents to take appropriate action to stop the discharge of sewage and effluents by seventh respondent into the neighbouring lands of petitioner in S.No.1080/1, including but not limited to lands comprised in S.Nos.1080/2E, 2F, 2H, 2J and 2K, Ikkarai Booluvampatti Village, Coimbatore South and further direct them not to issue any permission/license to seventh respondent to conduct any festivals or gathering without making appropriate arrangements for the discharge of sewage and effluents in a proper manner and making proper arrangements to prevent the disturbance to the animals in the nearby Velliangiri forest area.

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In this petition, this Court had directed respondent Pollution Control Board to file counter. The contents of the counter affidavit show that certain deficiencies were found, for which, directions were issued to remove those deficiencies.

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While matter stood thus, petitioner filed a fresh petition seeking similar reliefs, which came to be dismissed by order dated 24.02.2025.

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_____________ Page 4 of 10_

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

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W.P.No.5813 of 2024

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It appears that petitioner, taking it to be a continuing cause of action of pollution by seventh respondent, filed fresh petition, as new events were being conducted by seventh respondent. Prayer made in the said writ petition was for issuance of a direction to official respondents to initiate appropriate action against 7^th respondent for operating its facilities without adequate sewage treatment facilities, for discharging untreated sewage, causing pollution, for causing severe noise pollution in violation of the Noise Pollution (Regulation and Control) Rules, 2000 and desist from issuing any permission to seventh respondent for conducting various events alleging violation of laws.

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In the aforesaid petition, this Court directed the Tamil Nadu Pollution Control Board to submit a report with reference to the allegations raised in the petition and a detailed counter affidavit was filed by the Tamil Nadu Pollution Control Board. This Court perused the report and then proceeded to make the following observations:

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“6. Perusal of the entire counter affidavit filed by the

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_____________ Page 5 of 10_

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

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W.P.No.5813 of 2024

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Tamil Nadu Pollution Control Board reveals that adequate facilities are provided in the premises by the 7th respondent to manage the Maha Sivarathri Programme. It is further contended that the ROA of the ANL survey reveals that the ambient noise level was within the standard as prescribed by the Board. The ambient noise level standards considered for the non~planned area is taken into consideration. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the Ambient Noise Standards for the area or 75 dB (A) whichever is lower. The entire averments set out in the counter affidavit reveals that the 7th respondent has submitted adequacy report obtained from Government College of Technology, Coimbatore for all four STPs.

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7. Pertinently, there is no complaint petition has been received from public regarding air, water and noise pollution. The yoga centre has necessary infrastructure facilities to handle solid, liquid and noise pollution during Maha Sivarathri function. In paragraph No.41 of the counter affidavit, the Member Secretary, Tamil Nadu Pollution Control Board has stated that the 7th respondent Yoga Centre has adequate facility to handle the liquid and solid waste generated during function. It has also followed Noise Rules. Beyond that, it is stated that ANL survey will be

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Page 6 of 10

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

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W.P.No.5813 of 2024

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conducted on 26.02.2025 and 27.02.2025 (day and night) during the forthcoming Maha Sivarathri Festival Programme.

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8. No doubt, the present writ petition has been filed with certain apprehensions that the 7th respondent may cause noise pollution and inadequate facilities are provided in sewage blocks. When the Tamil Nadu Pollution Control Board filed a counter affidavit stating that the 7th respondent is having adequate facility to handle solid, liquid and noise pollution during Maha Sivarathri Function, there is no reason to consider the apprehensions raised by the petitioner.”

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It is, thus, clear that while the present petition is pending and the issue as to whether seventh respondent was continuing to discharge untreated sewage water into the lands of petitioner is yet to be decided, in the second petition, inspection conducted by the Tamil Nadu Pollution Control Board and the report submitted before the Court were found satisfactory.

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That eventually led to the dismissal of second writ petition.

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Page 7 of 10

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

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W.P.No.5813 of 2024

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In view of the dismissal of the subsequent petition, in our view, nothing survives for consideration in the present petition. This petition is, therefore, dismissed. There shall be no order as to costs. Consequently, the interim applications are also dismissed.

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(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 09.09.2025

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Index : Yes/No Neutral Citation : Yes/No

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kpl

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The Secretary to Government Environment, Climate Change and Forests Department Secretariat, Fort St. George Chennai 600 009.

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The District Collector Office of the District Collector 7/1, State Bank Rd

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Page 8 of 10

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

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W.P.No.5813 of 2024

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Gopalapuram Coimbatore 641 018.

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The Superintendent of Police, Coimbatore State Bank Rd, Gopalapuram Coimbatore 641 018.

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The Tamil Nadu Pollution Control Board Rep. by its Chairman No.74, Anna Salai, Guindy Chennai 600 032.

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The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore South Plot No.E55A, SIDCO Industrial Estate Pollach Main Road, Kuruchi Coimbatore 641 021.

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