The Madurai Bench of the Madras High Court has expressed serious concern over the increasing pollution of the Tamirabarani River caused by the disposal of clothes, slippers, photo frames and other ritual items during ceremonies for the deceased. While hearing a petition relating to an eviction dispute, the Court expanded its focus to the larger issue of river pollution, observing that no religious practice can justify environmental damage.
Background of the Case
The writ petition was filed by Sivanupandian, challenging a reminder notice issued by the Assistant Executive Engineer under the Tamil Nadu Land Encroachment Act concerning an eviction from Anandha Vilas Mandapam. Earlier, the High Court had directed the petitioner to pursue the statutory appellate remedy before the District Collector, Tirunelveli. Although the appeal was filed, it remained pending, and the authorities later issued a reminder notice, prompting the present petition.
During the hearing, the State informed the Bench that thousands of devotees visit the bathing ghats of the Tamirabarani River to perform last rites and often discard ritual materials into the river, leading to large-scale pollution.
Court Observations
A Bench comprising Justice G.R. Swaminathan and Justice B. Pugalendhi interacted with environmental activist Thiru Moorthy, who has been coordinating river-cleaning efforts with local authorities and temple management.
The Court appreciated his work and noted the alarming scale of waste entering the river every day.
Quoting the law, the Bench observed,
“No one has the right to pollute a water body even in the name of religion.”
It referred to the Tamil Nadu Public Health Act, 1939, the Water (Prevention and Control of Pollution) Act, 1974, and Supreme Court judgments recognising the right to clean water as part of the fundamental right to life under Article 21 of the Constitution.
The Bench further remarked,
“Believers can do what is spiritually beneficial to them provided it has no adverse implication for ecology and does not violate the rights of the other members of the society.”
It also emphasised that Article 25, which protects religious freedom, is subject to public health considerations.
The Court recorded that discarded synthetic clothes, plastic waste and broken glass create health hazards, damage aquatic life, and pose risks to people involved in cleaning the river. Statistics placed before the Court showed that nearly 87 tonnes of clothes, along with plastic waste, glass bottles, slippers and other materials, were collected from the river within just a few weeks during May 2026.
Without issuing a final ruling on the environmental issue, the High Court directed the District Collector, Tirunelveli, to publicly announce that the matter would be heard further on 16 July 2026. Religious organisations, activists and other stakeholders were permitted to participate and present their views.
The Bench also asked the District Administration to prepare and place before it a comprehensive proposal for preventing pollution of the Tamirabarani River while respecting religious sentiments.
Decision
The High Court did not grant final relief on the broader environmental issue at this stage. Instead, it kept the matter pending, directed public consultation with stakeholders, and sought concrete proposals from the District Administration before passing further orders.
The case has been listed for further hearing on 16 July 2026.
Case Details
Case Title: Sivanupandian v. The District Collector, Tirunelveli District & Others
Case Number: WP(MD) No. 18560 of 2026
Judges: Justice G.R. Swaminathan and Justice B. Pugalendhi
Decision Date: 09 July 2026
