T Evelin Murugatham v. the Principal Secretary to Govt. of Tamil Nadu Department of Environment Climate Change and Forests

NGT9 Apr 2026Original Application No. 24/2025

Case brief

AI extract

What is this about?

The NGT Southern Zone directed the TNPCB to ensure small industries operate with consent away from educational institutions. The court closed the suo motu application as the TNPCB had already proceeded against non-compliant polluting units.

What did the court decide?

Directed TNPCB to prevent violation by small industries without license near educational institutions and ensure vigilance.

T Evelin Murugatham vs the Principal Secretary to Govt… — Environment and Pollution | NGT (2026)

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Item No.2:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Thursday, the 09^th day of April, 2026.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.24 of 2025 (SZ) & I.A. No.31 of 2026 (SZ)

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IN THE MATTER OF

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T. Evelin Maragatham & Ors. Students of Gojan School of Business and Technology 80 Feet Road, Edapalayam, Redhills,

Chennai – 600 052.

...Applicant(s)

Versus

1. The Principal Secretary to Govt. of Tamil Nadu Department of Environment, Climate Change and Forests, Government Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

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2. The Principal Secretary to Govt. of Tamil Nadu

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Department of Health & Family Welfare, Government Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

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3. The Chairman

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Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai – 600 032.

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4. Chennai Metropolitan Water Supply & Sewerage Board Through the Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.

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5. The District Collector

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Thiruvallur, First Floor, Collectorate, Thiruvallur District – 602 001.

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[R5 - Substituted as per order dt.20.03.2025]

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...Respondent(s)

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For Applicant (s): None. For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5. Mr. S. Sai Sathya Jith for R3. Mr. Gautam S Raman for R4.

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Page 1 of 8

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Judgment Reserved on: 07^th April, 2026.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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J U D G M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1. A letter petition was received from the students of Gojan School of Business and Technology, Chennai, addressed to the Mudhalvarin Mugavari Department, marking a copy to the National Green Tribunal.

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2. In the letter petition, the students have alleged certain environmental and safety concerns caused by nearby companies. Several of the companies operating near the college and their activities are creating significant problems, such as plastic burning, sanitation issues, waste disposal, septic tank discharge, obstruction by heavy vehicles, noise pollution, and other illegal activities.

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3. As the issue concerns environmental impact, a case was registered suo motu based on the letter petition as Original Application No.24 of 2025 (SZ) and notices were issued to the Tamil Nadu Pollution Control Board ( TNPCB ) and the other official departments concerned.

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4. The Tamil Nadu Pollution Control Board filed its report dated 01.04.2026 , addressing the complaint stated in the letter petition that unsegregated garbage is being dumped in heaps along the roadside, causing a strong stench, along with plastic burning and septic tank discharge, leading to serious environmental concerns.

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5. The TNPCB conducted an inspection on 18.02.2025, on which date no plastic burning or disposal of sewage was observed in the area. However, it was noticed that there are ten

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Page 2 of 8

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establishments, such as engineering industries, waste plastic recycling industry, hot mix plant, etc., in operation without obtaining consent from the TNPCB. Hence, show cause notices were issued on 20.02.2025 for the following units:

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(i) M/s. Shivam Engineering Services

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(ii) M/s. KH Plastics

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(iii) M/s. Kamini Enterprises

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(iv) M/s. S Mahadevan Hot Mix Plant

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(v) M/s. Gajan Enterprises

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(vi) Marudhar Dye Chem Enterprises

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(vii) M/s. MK Projects

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(viii) Lotus Engineering

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(ix) Mahathi Traders (x) 4 Square Container Services

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6. Another complaint was received from one Mr. Paulraj through the Chief Minister’s Grievance Redressal Cell, stating that the companies are creating significant problems like plastic burning, etc. Therefore, once again, an inspection was conducted on 10.05.2025. During the inspection, it was observed that there was no plastic burning or disposal of sewage or effluent. However, two units were operating, namely a non-alcoholic beverage manufacturing industry and a mineral grinding industry. Hence, show cause notices were issued on 12.05.2025 to Sri Venkateswara Bottling Company and ES.ES. Minerals for violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.

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7. It is further stated in the report that, out of the 12 units, 7 units, namely, (i) M/s. Shivam Engineering Services; (ii) M/s. KH Plastics; (iii) M/s. Kamini Enterprises; (iv) M/s. S Mahadevan Hot Mix Plant; (v) M/s. Gajan Enterprises; (vi) Marudhar Dye Chem Enterprises; and (vii) MK Projects, attended the personal hearing held on 22.04.2025 and furnished their respective replies and 3 of the units, namely, (i) Lotus Engineering; (ii) Mahathi Traders; and (iii) 4 Square Container Services, have not furnished any reply to the show cause notice. Further, the location of these establishments was found not to be in conformity with the land use and even if they applied for consent, the same cannot be granted. Therefore, before

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proceeding further against these establishments, the TNPCB afforded them an opportunity for a personal hearing on 22.04.2025.

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8. The report further states that the following units attended the personal hearing:

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(I) M/s. Shivam Engineering Services

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(II) M/s. KH Plastics

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(III) M/s. Kamini Enterprises

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(IV) M/s. S Mahadevan Hot Mix Plant

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(V) M/s. Gajan Enterprises

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(VI) 4 Square Container Services.

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9. In addition, M/s. Mahathi Traders attended the personal hearing on 23.04.2025. A letter was also received from M/s. MK Projects on 17.04.2025, stating that the unit had not received the show cause notice and, therefore, could not furnish any reply or attend the personal hearing on 22.04.2025. The unit further stated that it is engaged in executing Government projects and requires an additional four months to complete them, and hence requested permission to continue its operations until 31.08.2025. As the said request was not acceptable, a personal hearing was conducted on 20.05.2025. Further, the Manager of M/s. Marudhar Dye Chem Enterprises attended the personal hearing on 23.04.2025 and submitted a letter stating that the proprietor of the establishment was out of station and would attend the personal hearing on 28.04.2025.

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10. The TNPCB also furnished a table indicating the decisions taken during the personal hearing and the current status of the industries, which is usefully extracted below:

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Sl. No.	Name of the Establishment	Activity	Decision Taken in Personal Hearing	Compliance Status
1.	Shivam Engineering Services	Steel Fabrication	Not to undertake sand	The unit was inspected on 15.10.2025 and it was observed that the
2.	Lotus Engineering	Steel fabrication	blasting and remove machine by 10.05.2025	unit has stopped sand blasting activity and removed the machine. Hence, the unit comes under White Category industry and it does not

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Page 4 of 8

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				required consent from TNPCB.The unit is not causing any pollution.
3. 4.	KH Plastics Mahathi Traders	Grinding of waste plastics Grinding of waste plastics	Not to undertake grinding of plastics and remove machine by 10.05.2025	The unit was inspected on 15.10.2025 and it was observed that the unit has not complied the decision taken in the personal hearing. Hence, based on the DEE’s recommendation dated 10.11.2025, TNPC Board issued directions for closure and disconnection of power supply to the units vide Proc. Dated 22.12.2025 and subsequently the power supply to the units were disconnected on 26.12.2025.The unit was vacated the premises.
5.	Kamini Enterprises	Grinding of waste plastics	Not to undertake grinding of plastics and remove machine by 10.05.2025.	The unit was inspected on 15.10.2025 and it was observed that the unit has vacated the premises.
6.	S Mahadevan Hot Mix Plant	Hot Mix Plant	Applied for consent. Not to operate without consent. To remove Diesel Generator before 10.05.2025.	The unit was inspected on 26.12.2025 and it was observed that the unit has vacated the premises.
7.	Gajan Enterprises	Melting of Aluminium, Rolling and Vessel making	Provided adequate air pollution control measures.	The unit was inspected on 15.10.2025 and it was observed that the unit has not complied the decision taken in the personal hearing. Hence, recommendation has been sent from this office vide Lr. Dated 10.11.2025 to the Board for issue of closure and disconnection of power supply and power supply was disconnected on 12.12.2025.The unit has informed that the they will shift the premises.

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8.	4 Square Container Services	Furnishing of containers	The unit’s activity involves making false ceiling in the containers. The unit is not causing any pollution.	The unit falls under White Category industry and does not require consent from TNPCB.
9.	Marudhar Dye Chem Enterprises	PET Bottles	Personal hearing was scheduled on 28.04.2025	The unit did not attend personal hearing scheduled on 28.04.2025 and under the principles of natural justice, it is decided to extend final opportunity, so again the unit was called for personal hearing on 10.06.2025 but the unit have not attended the personal hearing. During the inspection conducted on 25.10.2025 and it was observed that the unit was in operation. Hence, based on the DEE’s recommendation dated 10.11.2025, TNPC Board issued directions for closure and disconnection of power supply to the units vide Proc. Dated 22.12.2025. Though the unit has vacated the premises on 10.12.2025, the power supply to the unit was disconnected on 26.12.2025.The unit has vacated the premises.
10.	MK Projects	Hot Mix Plant and Ready- Mix Concrete Plant	--	The unit was inspected on 15.10.2025 and it was observed thatthe unit has vacated the site.
11.	Sri Venkateswara Bottling Company	Non-alcoholic beverage manufacturing	Personal hearing was conducted on 28.10.2025. The unit requested 15 days time to apply for Consent of the Board.	The unit was inspected on 26.12.2025 and it was observed that the unit has not complied the decision taken in the personal hearing. Hence, based on the DEE’s recommendation dated 30.12.2025, the Board has issued orders for closure and direction under the Air & Water Acts and disconnection of power supply to the units vide Board Proc. Dated

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				30.01.2026 and power supply was disconnected on 05.02.2026.The unit has informed that they shift the premises.
12.	ES. ES. Minerals	Grinding of minerals	--	The unit was inspected on 15.10.2025 and it was observed thatthe unit has vacated the site.

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11. From the above facts, it is evident that companies, without even obtaining appropriate license/approval/consent from the authorities concerned, are not only operating clandestinely but also violating all environmental norms. It appears that the TNPCB has already taken steps and given them an opportunity for a personal hearing, which should be brought to a logical conclusion. In the event they desire to operate in future and apply for consent, unless the penalties for past violations are recovered, the same cannot be granted.

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12. Environmental issues adjacent to educational institutions, including air pollution, high heat, poor sanitation, burning plastic and noise directly impact the students’ health, focus and attendance. These problems which are due to proximity to heavy traffic or poor infrastructure and heat lead to poor health of the students.

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13. Hence, we only direct the TNPCB to ensure that these kinds of violations by small industries without appropriate license/consent are not permitted near educational institutions and to keep vigilant oversight of the same.

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14. As all the industries which have been polluting have been proceeded against as per law by the TNPCB and the report filed by the TNPCB makes it clear that the complaint alleged in the letter petition is fully addressed, the Original Application [O.A. No. 24 of 2025 (SZ)] is closed .

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15. Pending interlocutory applications, if any, shall stand

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closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Prashant Gargava, EM

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Internet – Yes/No

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All India NGT Reporter – Yes/No

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O.A. No.24/2025 (SZ) & I.A. No.31/2026 (SZ) 09^th April, 2026. Mn.

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T Evelin Murugatham v. the Principal Secretary to Govt. of Tamil Nadu Department of Environment Climate Change and Forests

Case brief

What is this about?

What did the court decide?

T Evelin Murugatham v. the Principal Secretary to Govt. of Tamil Nadu Department of Environment Climate Change and Forests

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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