Madras High Court

WP(MD)/24575/2026 of G.David Vs State of Tamil Nadu, represe on 30 September 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30-09-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MR JUSTICE B.PUGALENDHI

WP(MD) No. 24575 of 2026

AND

W.M.P.(MD)Nos.18323 to 18325 of 2026

CNR:{HCMD011196532026}

G.David,

S/o. Gunasekaran,

Panchayat President - Ramaiyanpatti Village Panchayat, 45-10/99, Sangu Muthammalpuram, Ramaiyanpatti, Thachanallur, Tirunelveli District.

..Petitioner(s)

Vs.

1. State of Tamil Nadu,

Rep. by the Principal Secretary,

Public Works Department,

Fort St. George,

Secretariat, Chennai-600 009.

2. State of Tamil Nadu,

Rep. by the Principal Secretary,

Municipal Administration and

Water Supply Department,

Fort St. George,

Secretariat, Chennai-600 009.

3. State of Tamil Nadu,

Represented by,

The Principal Secretary,

Rural Development and Panchayat Raj

Department,

Fort St. George, Secretariat,

Chennai-600 009.

4. Tamil Nadu Pollution Control Board,

represented by,

The Member Secretary,

76, Mount Salai, Guindy,

Chennai-600 032.

5. The Managing Director,

Tamil Nadu Water Supply and Drainage

Board,

31, Kamarajar Salai, Chepauk,

Chennai-600 005.

6. The Chief Operating Officer,

Tamil Nadu Water Investment Company,

Guindy, Chennai-600 025.

7. The Managing Director,

State Industries Promotion Corporation of Tamil Nadu Limited, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai-600 008.

8. The District Collector,

Office of the District Collector,

Tirunelveli District-627 009.

9. The Commissioner,

Tirunelveli City Municipal Corporation,

S.N.High Road, Tirunelveli District-627 001.

10.The District Environmental Engineer,

Tamil Nadu Pollution Control Board,

30/2, SIDCO Industrial Estate, Pettai,

Tirunelveli District-627 010.

11.The Superintending Engineer,

Tamil Nadu Water Supply and Drainage

Board,

Tirunelveli Kanyakumari Circle,

No.3, Seevalaperi Road,

Shanthi Nagar,

Palayamkottai,

Tirunelveli District-627 002.

..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to relocate the 58 MLD capacity of Sewage Treatment Plant proposed at Ramaiyanpatti Village, Tirunelveli District to SIPCOT Industrial Complex at Gangaikondan, Tirunelveli District or any other alternative site in Tirunelveli District by conducting Public Consultation Meeting among the village people of Ramaiyanpatti Village, Tirunelveli District inviting objections related to the setting up of 58 MLD capacity of Sewage Treatment Plant proposed at Ramaiyanpatti Village, Tirunelveli District in accordance with law within the time stipulated by this Court.

For Petitioner(s):

Dr.R.Alagumani

For Respondent(s):

Mr.B.Saravanan,

Additional Advocate General,

assisted by,

Ms.W.Pamelin,

Additional Government Pleader

for R-1 to R-3 & R-8.

Ms.Madhuri Donti Reddy,

Standing counsel

for R-4 & R-10.

Mr.R.Satheesh,

Standing counsel

for R-5 & R-11.

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ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents 1 to 3 and 8 and the learned Standing counsel appearing for the respondents 4, 5, 10 and 11.

2. The writ petitioner is a resident of Ramaiyanpatti Panchayat in Tirunelveli District. He opposes the proposed construction of a sewage treatment plant at Ramaiyanpatti. He points out that the existing treatment plant already constructed on Ramaiyanpatti has turned out to be total failure.

3. Since these are matters that involve domain expertise, the writ Court will not be in a position to probe beyond a point. Judicial review is limited in such matters. We, however, made it clear that the Sewage Treatment Plant (STP) which is to be installed with SBR technology has to be properly maintained and that there must be a monitoring mechanism. Pursuant to the suggestion made by this Court, the Commissioner, Tirunelveli Corporation has filed an undertaking affidavit. Paragraph Nos.2, 3, 4 and 5 of the said undertaking affidavit read as follows:- “2. It is respectfully submitted before the

Hon’ble Court that a decision has been taken to constitute a Monitoring Committee under the Chairmanship of the Commissioner, Tirunelveli City Municipal Corporation. The Committee comprises technical officers from the Tamil Nadu Pollution Control Board(TNPCB), the Water Resources Department(WRD), the Tamil Nadu Water Supply and Drainage Board(TWAD), and the Tirunelveli City Municipal Corporation, including the Superintending Engineer and Assistant Executive Engineers.

3. It is respectfully submitted that the said Monitoring Committee shall oversee and monitor the construction, operation, maintenance, performance, and proper functioning of the 58 MLD SBR Technology Sewage Treatment Plant, presently under construction at the Ramaiyanpatti Garbage Dump Complex of the Tirunelveli City Municipal Corporation and shall submit relevant recommendation and suggestions to the Commissioner, Tirunelveli City Municipal Corporation.

4. The Corporation shall ensure strict compliance with the directions, conditions and safety requirements imposed by the Hon’ble Court and the competent statutory authorities in connection with the proposed controlled blasting operation.

5. This undertaking is given in the interest of public safety, protection of surrounding properties and timely execution of the 58 MLD STP project at Ramaiyanpatti Compost Yard Campus.”

4. We issue a standing direction that the authorities have to abide by the undertaking given above. We direct the Tirunelveli City Municipal Corporation to appoint a nodal officer and also put in place a complaint redressal mechanism. As and when any complaint is received by the nodal officer, he shall immediately arrange to place the same before the committee and the committee shall convene a meeting and look into the said complaint. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (B.P.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU

To

1. The Principal Secretary, Public Works Department, Fort St. George, Secretariat, Chennai-600 009.

2. The Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600

009.

3. The Principal Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600

009.

4. The Member Secretary, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai-600 032.

5. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai-600

005.

6. The Chief Operating Officer, Tamil Nadu Water Investment Company, Guindy, Chennai-600 025.

7. The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai-600 008.

8. The District Collector, Office of the District Collector, Tirunelveli District-627 009.

9. The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli District-627 001.

10. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli District-627 010.

11. The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Tirunelveli Kanyakumari Circle, No.3, Seevalaperi Road, Shanthi Nagar, Palayamkottai, Tirunelveli District-627 002.

G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU WP(MD) No. 24575 of 2026 30-09-2026

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