Madras High Court

WP(MD)/27650/2025 of Rajalakshmi Vs State of Tamil Nadu on 15 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MR JUSTICE B.PUGALENDHI

WP(MD) No. 27650 of 2025

CNR:{HCMD011364342025}

Rajalakshmi

W/o.Manivannan,

Plot No.97, D.R.Nagar,

Kadachanenthal,

Madurai 625 107

..Petitioner(s)

Vs

1. State of Tamil Nadu,

Rep. by the Chief Secretary to Government, Revenue Department, Fort St.George, Chennai 600 009.

2. The Commissioner,

Madurai Corporation,

Aringar Anna Maligai,

Madurai 625 002.

3. The Deputy Commissioner,

Madurai Corporation,

Aringar Anna Maligai,

Madurai -2.

4. The District Collector,

Collectorate,

Madurai District,

Madurai.

5. The Executive Engineer,

Public Works Department,

Thallakulam,Madurai.

6. The Executive Engineer,

Tamil Nadu Water Supply and

Drainage Board,

No.1/1, Sambulane, Ganesh Nagar,

Opp.Mattuthavani Bus Stand,

Melur Road, Madurai -7

7. The Revenue Divisional Officer,

Revenue Divisional Office,

Thirupparankundram, Madurai district.

8. The Tahsildar,

Taluk Office,

Thirupparankundram,

Madurai district.

9. The District Environmental Engineer (DEE), Tamil Nadu Pollution Control Board (TNPCB), SIDCO Industrial Estate, Kappalur, Thirumangalam Taluk, Madurai-625 008

(R9 is suo motu impleaded vide order dated 16.04.2026 in WP(MD)No.27650 of 2025 by DBCJ)

..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to lay the drainage water in the petitioner’s property comprised in survey No.256/9

to an extent of 0.42.5 Hectare, Survey No.264/4 to an extent of 0.48.0

Hectares total extent of 0.90.5 Hectares situated at Kirivala Padhai, Thirupparankundram, Madurai Corporation Limit, based on the petitioner’s representation dated 23.04.2025.

For Petitioner(s):

Mr.T.Kishore Karthik

For Respondent(s):

Mr.S.Vinayak for R-2 & R-3.

Mr.R.Satheesh,

Standing counsel for R-6.

Mr.M.S.Parthiban,

Government Advocate

for R-1, R-4, R-5, R-7 & R-8.

Ms.Madhuri Donti Reddy,

Standing counsel for R-9.

Mr.A.Ajay,

Advocate Commissioner.

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ORDER

Heard both sides.

2. The writ petitioner has lands near Thiruparangundram. Her grievance is that the sewage and drainag e water is being let out into her patta lands. She wants us to direct the local body to abate the said nuisance.

3. This Court appointed an Advocate Commissioner and the Advocate Commissioner in his report, confirmed the allegations of the petitioner. We directed the Pollution Control Board to look into the petitioner's complaint and conduct spot inspection and file status report. The status report filed by the Pollution Control Board reads as follows:- “4. It is respectfully submitted that in compliance to the orders of the Hon’ble High Court, the Advocate

Commissioner inspected the petitioner’s land on 07.05.2026, and the District Environmental Engineer along with the Assistant Environmental Engineer Tamil Nadu Pollution Control Board, Madurai District accompanied the Advocate Commissioner and subsequently, conducted a separate inspection and collected water samples on the same day(ie. 07.05.2026).

5. It is respectfully submitted that the collected Water samples were handed over to Advanced Environmental Laboratory(AEL), Tamil Nadu Pollution Control Board, Madurai District for analysis. The report of analysis of samples collected on Sivanthikulam Kanmoi and Panankulam Kanmoi reveals that there is a presence of Fecal Caliform in the samples. Sl. No. Name of the Kanmoi Fecal Caliform (MPN/100ml)

Sivanthikulam Kanmoi >2419.6

Panankulam Kanmoi 2419.6 This reveals that there is a mixing of sewage in the Kanmois. (copy of the report of analysis is annexed).

6. It is respectfully submitted that in compliance to the order dated 04.06.2026 of the Hon’ble High Court an Inter Department meeting comprising of Water Resource Department, Tamil Nadu Water Supply and Drainage Board, Madurai Corporation, Revenue Officials and Tamil

Nadu Pollution Control Board was conveyed on 08.06.2026. In the meeting, the Water Resources Department assured to remove Seemakaruvelam trees, the Madurai Corporation stated to carry out the removal of solid waste dumped in the canal within two days. The Corporation decided to issue notice to the house holds and commercial establishments for releasing the sewage into the water body including the canals leading to Kanmois. Tamil Nadu Pollution Control Board insisted on providing septic tank followed by soak pit in every house to curtail the discharge of sewage in the drain leading to Kanmoi. Further, the TNPCB also insisted on the establishment of Sewage Treatment Plant for bulk sewage generators and reuse the treated sewage for toilet flushing and gardening as interim measures till the completion of UGDSS.”

4. The Pollution Control Board has also written letter No.F.Court Case/DEE/TNPCB/MDU/2026 dated 10.06.2026 to the Commissioner, Madurai Corporation, Madurai. The operative portion of the said communication reads as follows:- “Subsequently, Inter Department meeting was conducted on 08.06.2026. In the meeting, Madurai Corporation assured to remove the solid waste dumped in the canal within two days and to issue notice to the households and commercial establishments for releasing the sewage into the water body including the canals leading to Kanmois. Hence, it is requested that necessary action shall be taken as follows:-

i. The entry / mixing of sewage into the Sivanthikulam Kanmoi and Panankulam Kanmoi shall be prevented and the sewage shall be treated in the Sewage Treatment Plant.

ii. The solid waste dumped into the Sivanthikulam Kanmoi and Panankulam Kanmoi shall be rmeoved immediately and processed as per Solid Waste Management Rules, 2016.

iii. Solid waste shall not be dumped into the Sivanthikulam Kanmoi and Panankulam Kanmoi in the future.

iv. The solid wastes shall be processed as per Solid Waste Management Rules, 2016. The receipt of this letter shall be kindly acknowledged.”

5. We direct the local body to take all possible steps and ensure that the nuisance committed on the petitioner's land is abated within a period of five months from the date of receipt of a copy of this order. This can be done only by complying with the directions issued by the Pollution Control Board. This writ petition is allowed accordingly. No costs. (G.R.S.,J.) (B.P.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU

To

1. The Chief Secretary to Government, Revenue Department, Fort St.George, Chennai 600 009

2. The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai 625 0002

3. The Deputy Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai -2.

4. The District Collector, Collectorate, Madurai District, Madurai.

5. The Executive Engineer, Public Works Department, Thallakulam,Madurai.

6. The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, No.1/1, Sambulane, Ganesh Nagar, Opp.Mattuthavani Bus Stand, Melur Road, Madurai -7

7. The Revenue Divisional Officer, Revenue Divisional Office, Thirupparankundram, Madurai district.

8. The Tahsildar, Taluk Office, Thirupparankundram, Madurai district.

9. The District Environmental Engineer (DEE), Tamil Nadu Pollution Control Board (TNPCB), SIDCO Industrial Estate, Kappalur, Thirumangalam Taluk, Madurai-625 008

G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU WP(MD) No. 27650 of 2025

15-10-2026

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