High Court · 2025

W.P.No.41752 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.11.2025CORAM :THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.No.41752 of 2025&W.M.P.Nos.46801 & 46802 of 2025R. Kavin ..PetitionerVs.1. The State of Tamil Nadu Represented by its Principal Secretary to Government Environment, Climate Change and Forests Department Fort St. George, Secretariat, Chennai - 600009. 2. The State of Tamil Nadu Represented by its Additional Chief Secretary to Government Water Resources Department Fort St. George, Secretariat Chennai - 600009. 3. Tamil Nadu Pollution Control Board (TNPCB) Represented by its Chairman No. 76, Mount Road, Guindy Chennai - 600032. 4. The Joint Chief Environmental Engineer (M) Salem Zone Tamil Nadu Pollution Control Board No,9, 4th Cross Street, Brindavan Road Fairlands, Salem - 636016. ____________Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 20255. The Joint Chief Environmental Engineer (M) Tamil Nadu Pollution Control Board 4th Floor, No.34, Bharathi Park 8th Cross Street, Saibaba Colony Coimbatore – 641011.6. The District Collector Erode District Erode – 638011. 7. The District Collector Near Tamil Nadu Civil Supplies Corporation Namakkal District- 637 003. 8. The District Environmental Engineer Tamil Nadu Pollution Control Board Plot No.815, SIDCO Industrial Estate Kalyanasundaram Street Chennimalai Road, Erode – 638009. 9. The State of Tamil Nadu Represented by its Principal Secretary to Government Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Fort St. George, Secretariat Chennai - 600009. 10.Central Pollution Control Board Regional Directorate (Chennai) 2nd Floor, 77“A, South Avenue Road Ambattur Industrial Estate Chennai- 600 058. 11.The Municipal Commissioner Erode Municipal Corporation 246/895, SH-96, Brough Rd NMS Compound, Erode Fort Erode - 638 001. ____________Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 202512.The Municipal Commissioner Pallipalayam Municipality 5, Sankagiri Byepass Road Pallipalayam Erode District - 637 210. ..RespondentsPrayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus,(a) Direct the respondents to strictly comply with G.O.Ms.No. 213, dated 30.03.1989, and G.O.Ms.No. 127, dated 08.05.1998 to review the industries already operating within the prohibited area and take appropriate steps for the relocation of such industries and further direct the respondents to permanently prohibit the establishment and functioning of any new industries within the said prohibited area;(b) Direct the Respondents to take immediate and effective action to prohibit industries and municipalities from discharging both treated and untreated effluents into the Rivers Kaveri, Bhavani, Kalingarayan Canal, and other water bodies, in violation of the relevant Rules and Regulations, Zero Liquid Discharge (ZLD) norms and permissible limits by effectively implementing the Solid Waste Management Rules, 2016, Under Ground Sewage Scheme and Other Waste Management Rules in letter and spirit to safeguard the quality of surface and groundwater resources, prevent contamination from industrial waste, and protect the ecosystem and public health from serious environmental and health hazards; (c) Direct the respondents to constitute an independent panel comprising Government Officers and environmental experts including Environmental Engineers, Scientists, Hydrologists, and Public Health Specialists and other relevant expert members, along with representatives from the affected communities to monitor the industries situated near kaveri river and identify the sources of pollution, and deficiencies in existing pollution control mechanisms and strengthen the pollution control infrastructure by ensuring their ____________Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 2025effective functioning and proper maintenance and to recommend immediate and long-term measures for the restoration and protection of the Kaveri and Bhavani Rivers, Kalingarayan Canal; (d) Direct the Respondents herein to establish a permanent monitoring mechanism to prevent discharge of untreated industrial sewage into the Kaveri and Bhavani Rivers, Kalingarayan Canal, ensuring compliance with zero discharge norms and other applicable environmental standards by installing CCTV cameras along the river stretch to monitor and prevent illegal activities and by utilizing real-time surveillance mechanisms such as drones, and take stringent action against offenders, industries as well as authorities who fail to meet compliance standards, including civil and criminal action, imposing penalties, environmental compensation to affected individual and ordering closure of industries in cases of repeated and persistent violations; and(e) Direct the Respondents to formulate and implement a comprehensive action plan for the restoration and rejuvenation of the Kaveri and Bhavani Rivers, Kalingarayan Canal incorporating specific measures for the removal of existing pollutants, revival and conservation of aquatic ecosystems, and the establishment of effective mechanisms to prevent future pollution.For Petitioner :Mr.P.A.Arvinth ViveksFor Respondents :Mr.T.K.Saravanan Additional Government Pleaderfor Respondents 1, 2, 6, 7 & 9Mr.V.GunasekarStanding Counselfor Respondents 3 to 5, 8 & 10Mr.M.RajamathivananStanding Counselfor Respondents 11 & 12____________Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 2025ORDER(Order of the Court was made by the Hon'ble Chief Justice)Petition, making allegations of illegal operation of industries in certain areas, if we may say so, is too wide and equally vague. The contents of petition show that various inspections and survey have been carried out and in many cases, notices have been issued for taking action. Many of the industries have closed down also.2. Which particular industry is illegally operating and no action has been initiated or if any action initiated, proceedings have not been concluded, is not clear from the petition. There is neither any specific allegation against any industry nor such industry has been impleaded as party in the petition.3. In the circumstances, we are not inclined to entertain this petition in the present form. 4. If petitioner comes out with a specific allegation against the ____________Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 2025respondents that they have either not initiated any action or not concluded it, even though in the report some irregularity or contravention was found against any particular industry, petitioner may approach this Court, in case he does not receive any information under the Right to Information Act with regard to action taken in respect of those industries, which, upon notice, may, from time to time, have been found illegally operating in contravention of regulatory laws.5. With the above liberty, petition is dismissed. There shall be no order as to costs. Consequently, the interim applications are also dismissed.(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.11.2025 Index: Yes/NoNeutral Citation:Yes/Nokpl____________Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 2025To1. The Principal Secretary to Government Environment, Climate Change and Forests Department Fort St. George, Secretariat, Chennai - 600009. 2. The Additional Chief Secretary to Government Water Resources Department Fort St. George, Secretariat Chennai - 600009. 3. The Chairman Tamil Nadu Pollution Control Board (TNPCB) No. 76, Mount Road, Guindy Chennai - 600032. 4. The Joint Chief Environmental Engineer (M) Salem Zone Tamil Nadu Pollution Control Board No,9, 4th Cross Street, Brindavan Road Fairlands, Salem - 636016. 5. The Joint Chief Environmental Engineer (M) Tamil Nadu Pollution Control Board 4th Floor, No.34, Bharathi Park 8th Cross Street, Saibaba Colony Coimbatore – 641011.6. The District Collector Erode District Erode – 638011. 7. The District Collector Near Tamil Nadu Civil Supplies Corporation Namakkal District- 637 003. ____________Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 20258. The District Environmental Engineer Tamil Nadu Pollution Control Board Plot No.815, SIDCO Industrial Estate Kalyanasundaram Street Chennimalai Road, Erode – 638009. 9. The Principal Secretary to Government Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Fort St. George, Secretariat Chennai - 600009. 10.Central Pollution Control Board Regional Directorate (Chennai) 2nd Floor, 77“A, South Avenue Road Ambattur Industrial Estate Chennai- 600 058. 11.The Municipal Commissioner Erode Municipal Corporation 246/895, SH-96, Brough Rd NMS Compound, Erode Fort Erode - 638 001. 12.The Municipal Commissioner Pallipalayam Municipality 5, Sankagiri Byepass Road Pallipalayam Erode District - 637 210.____________Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.41752 of 2025THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (kpl) W.P.No.41752 of 2025 11.11.2025____________Page 9 of 9