High Court · 2025

W.P.No. 39570 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.12.2025CORAM :THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.No.39570 of 2025andW.M.P.Nos.44445 & 44446 of 2025M.Kamesh,S/o.K.P.Mani, No.18C, Ramadasarsalai, Thiruverkadu - 600 077... Petitioner Vs.1.The Principal Secretary, Municipal and Water Supply and Drainage Department, Secretariat, Chennai - 600 009.2.The Additional Secretary Municipal and Water Supply and Drainage Department, Secretariat, Chennai - 600 009. 3.The Commissioner, Office of The Commissioner of Land Administration, 5th Floor, Ezhilagam, Chepauk, Chennai - 600 005.__________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 4.The Director, Tamil Nadu Drinking Water and Drainage Board, No.31, Kamaraj Salai, Chepauk, Chennai - 600 005.5.The District Collector, District Collector’s Office, Thiruvallur District - 602 001.6.The Commissioner, Thiruverkadu Municipal Corporation Office, Thiruverkadu, Chennai - 600 077. .. RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records pursuant to the impugned order passed by the sixth respondent in its proceedings number Roc.No.2793/E2/2025 dated 04.09.2025 quash the same and directing the sixth respondent not to construct the sewage treatment plan being constructed in the residential area which is situated at Koladi Village limits of Thiruverkadu Municipality in Poonamalli Taluk of Thiruvallur District.For Petitioner:Mr.M.Senthil Kumar and Mr.R.S.TamilvendanFor Respondents:Mr.M.Suresh Kumar Additional Advocate General, Assisted by Mr.T.K.Saravanan Additional Government Pleader for R1 to R5No Appearance for R6__________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 ORDER(Order of the Court was made by G.Arul Murugan, J.) Heard Mr.M.Senthil Kumar, learned counsel for the petitioner and Mr.M.Suresh Kumar, learned Additional Advocate General for the respondents 1 to 5.2. This writ petition, styled as Public Interest Litigation, is filed assailing the order of the sixth respondent dated 04.09.2025 and for consequential direction not to construct a Sewage Treatment Plant (STP) at Koladi Village limits of Thiruverkadu Municipality in Poonamallee Taluk of Thiruvallur District.3. It is the case of the petitioner that the STP is proposed to be constructed in Koladi Village in proximity to the schools, a church and also within 10 metres away from Koladi lake water catchment area. The proposal is in violation of the guidelines of the Tamil Nadu Pollution Control Board dated 23.10.2008, which prevents setting up of STP within 500 metres of the habitation, temple and schools and also 250 metres away from the water body. __________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 4. Due to the proposed establishment of STP, the livelihood of nearly 1000 families will get affected and further, discharge of sewage would pollute and contaminate the nearby lake, apart from spoiling the ground water. Pursuant to the earlier directions issued by this Court on 25.07.2025 in W.P.No.20556 of 2025, objections of the petitioner were considered and the impugned order came to be passed on 04.09.2025 rejecting the objections. Hence the writ petition.5. In response to the allegations, a detailed counter affidavit has been filed by the sixth respondent. It is set out that G.O(Ms.)No.159 Municipal Administration and Water Supply (MA2) Department dated 01.08.2025, was issued according administrative sanction for a sum of 1,023.19 Crores for implementation of combined Underground Sewerage Scheme (UGSS) for Thiruverkadu Municipality along with adjoining urban local bodies of Poonamallee and Mangadu Municipalities. As a part of the said scheme, a common STP was proposed at Survey Nos.22, 23 and 24 of Koladi Village. The site was found technically suitable and identified only after inspection, feasibility analysis and consultation with the Tamil Nadu Pollution Control Board. __________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 6. In the process a public consultation meeting was conducted on 11.03.2025, inviting objections from the public. All the objections, including alternative suggestions proposed, were examined and it was found that only the present site is technically feasible. Thereafter the entry upon permission was issued by the fifth respondent, District Collector on 12.12.2025. It is also stated that there is a total extent of 3.43 hectares (8.48 acres) in these survey numbers and for establishment of STP, only an extent of 1.50 hectares (3.73 acres) would be required and balance available land would be utilised for the development of a green belt and there would be complete physical separation.7. Further, as per the site survey conducted by the authorities and the consultants, the nearest residential boundary lies more than 250 metres away and schools and religious structures are located beyond the minimum buffer zone specified by the Tamil Nadu Pollution Board guidelines. The present population of the three municipalities, viz., Thiruverkadu, Poonamallee and Mangadu, is 4,06,110 and STP would cater to the needs of the cluster for the present and also for future expansion. __________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 8. The proposed STP is designed by incorporating advanced treatment technology (Sequential Batch Reactor-SBR Technology), which would ensure minimal odour and zero discharge. The STP will be in complete compliance with the Tamil Nadu Pollution Control Board norms. The finalisation of the plant site and configuration was pursuant to a comprehensive technical assessment, statutory compliance, environmental safeguards and public interest. The apprehensions raised by the petitioner are imaginary and each and every issue has been taken care of and addressed. The statement made has not been controverted.9. It is to be noted that even in the impugned order, it has been clearly spelt out that the STP site chosen is the lowest level point in the cluster area and the site is the only suitable place available across the three municipalities which have the required topographical, area and suitability. The sixth respondent has also submitted that all necessary approvals and consent to establish will be obtained from the Tamil Nadu Pollution Control Board while implementing the proposed STP.__________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 10. In view of the urbanisation and development of the municipality, the respondents to address the sewage issues have undertaken the combined Under Ground Sewage Scheme (UGSS) for the municipality. STP is an utmost requirement to treat the sewage, to ensure public health, cleanliness and hygiene. It is only to be seen as to whether the site proposed is properly located, considering the overall parameters and implemented in compliance with all the statutory norms and pollution laws.11. It could be seen that detailed measures have been undertaken by the authorities in deciding the site for locating the STP with modern technology, after considering the suitability, viability and all public objections. Considering the fact that the location of the site is made after following due procedures and the further assertion made that the establishment of the plant will be in compliance with all the Tamil Nadu Pollution Control Board norms and approvals, the apprehension of the petitioner is unfounded, baseless and lacks merit.__________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 12. In view of the above deliberations, we do not find any irregularity and thus no reason to interfere in the STP project being executed. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the interim application is closed.(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN, J) 19.12.2025 Index: Yes/NoNeutral Citation:Yes/Nosri__________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 To1.The Principal Secretary, Municipal and Water Supply and Drainage Department, Secretariat, Chennai - 600 009.2.The Additional Secretary Municipal and Water Supply and Drainage Department, Secretariat, Chennai - 600 009. 3.The Commissioner, Office of The Commissioner of Land Administration, 5th Floor, Ezhilagam, Chepauk, Chennai - 600 005.4.The Director, Tamil Nadu Drinking Water and Drainage Board, No.31, Kamaraj Salai, Chepauk, Chennai - 600 005.5.The District Collector, District Collector’s Office, Thiruvallur District - 602 001.6.The Commissioner, Thiruverkadu Municipal Corporation Office, Thiruverkadu, Chennai - 600 077.__________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 39570 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.sriW.P.No.39570 of 2025 andW.M.P.Nos.44445 & 44446 of 2025 19.12.2025__________Page 10 of 10