Dismissal of a subsequent petition on similar grounds renders the earlier pending petition infructuous: Madras High Court - 2025-09-12

Madras High Court Dismisses Pollution Plea, Citing Dismissal of Subsequent Petition on Same Issue

CHENNAI: The Madras High Court, in a bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, has dismissed a writ petition concerning pollution allegations against a yoga centre in Coimbatore, ruling that nothing survived for consideration after a subsequent, similar petition filed by the same petitioner was dismissed.

The Court held that the dismissal of the second petition, which was based on a satisfactory report from the Tamil Nadu Pollution Control Board (TNPCB), rendered the present, earlier-filed petition infructuous.

Case Background

The petitioner, S.T. Sivagnanan, had initially filed a writ petition (W.P.No.5813 of 2024) seeking a directive against the State of Tamil Nadu and other authorities. He alleged that the seventh respondent, a yoga centre, was illegally discharging untreated sewage and effluents into his neighbouring lands in Ikkarai Booluvampatti Village, Coimbatore. He also sought to prevent the centre from holding large festivals without proper arrangements for sewage disposal and noise pollution control, citing the proximity to the Velliangiri forest area and potential disturbance to wildlife.

During the proceedings of this initial petition, the TNPCB was directed to file a counter-affidavit, which noted certain deficiencies and the issuance of directions to rectify them.

Subsequent Petition and TNPCB Report

While the first petition was pending, the petitioner filed a second writ petition, treating the alleged pollution as a "continuing cause of action," especially as new events were being planned by the centre. This second petition raised similar concerns about inadequate sewage treatment, water pollution, and severe noise pollution in violation of the Noise Pollution (Regulation and Control) Rules, 2000.

In the second case, the High Court directed the TNPCB to conduct an inspection and submit a detailed report. The TNPCB's findings were pivotal. The Board's counter-affidavit stated that the yoga centre had provided adequate facilities to manage waste and noise for its large gatherings, including the Maha Sivarathri festival.

Court's Rationale and Key Observations

The court in the second case heavily relied on the TNPCB's report. The judgment in the present case quoted the earlier order's observations:

"Perusal of the entire counter affidavit filed by the Tamil Nadu Pollution Control Board reveals that adequate facilities are provided in the premises by the 7th respondent... The yoga centre has necessary infrastructure facilities to handle solid, liquid and noise pollution during Maha Sivarathri function."

The report also noted that the ambient noise level was within prescribed standards and that the centre had submitted an adequacy report from the Government College of Technology, Coimbatore, for its Sewage Treatment Plants (STPs). The court had dismissed the second petition, concluding there was "no reason to consider the apprehensions raised by the petitioner" in light of the TNPCB's comprehensive findings.

Final Decision

Citing the outcome of the second case, the Division Bench in the present matter concluded that the core issue had already been adjudicated. The court observed:

"It is, thus, clear that while the present petition is pending... in the second petition, inspection conducted by the Tamil Nadu Pollution Control Board and the report submitted before the Court were found satisfactory. That eventually led to the dismissal of second writ petition."

Based on this, the bench ruled that nothing further survived for consideration in the original petition. "In view of the dismissal of the subsequent petition, in our view, nothing survives for consideration in the present petition. This petition is, therefore, dismissed," the Court ordered, also dismissing all related interim applications.