Madurai Bench Takes Up Tamirabarani Pollution, Directs District Collector to Invite Public on Proposed Ritual Waste Orders
The Madurai Bench has directed the Tirunelveli District Collector to publicly announce proposed orders on ritual waste dumping in river Tamirabarani, listing the matter for 16 July 2026.
A writ petition filed by one Sivanupandian against an eviction notice over Anandha Vilas Mandapam in Tirunelveli District took an unexpected turn before the Madurai Bench of the Madras High Court on 9 July 2026. Justice G.R. Swaminathan and Justice B. Pugalendhi, sitting as a Division Bench, pivoted from the narrow question of the eviction reminder to examine a wider problem: the daily dumping of ritual garments, used clothes, slippers, plastic waste, and other articles into the river Tamirabarani by pilgrims performing obsequies. The bench declined to pass substantive orders immediately, holding that any direction would operate in rem and required prior hearing of stakeholders. It directed the District Collector, Tirunelveli, to make a public announcement about the proposed orders and listed the matter for 16 July 2026.
The Eviction Notice and the Prior Writ Petition
The petitioner, Sivanupandian, holds possession of Anandha Vilas Mandapam, measuring 0.08.16 hectares within Survey No. 876/1A, Vickramasingapuram Part II Village, Ambasamudram Taluk, Tirunelveli District. On 24 January 2024, the second respondent — the Assistant Executive Engineer (WRO), Upper Thamiraparani Sub-Division, Cheranmahadevi — issued an eviction order under Section 6 of the Land Encroachment Act, 1905 directing the petitioner to vacate the Mandapam.
Sivanupandian challenged that order in WP(MD) No. 3059 of 2024. The same bench disposed of that petition on 30 September 2024, holding that the eviction order was appealable. The court granted the petitioner two weeks to file an appeal, with the direction that the appeal would be entertained without reference to limitation and disposed of on merits within four months.
The petitioner filed an appeal before the District Collector, Tirunelveli. That appeal, however, was not disposed of within the four-month window the bench had prescribed. Because no interim order was obtained in the appeal, the second respondent sent a reminder notice on 23 June 2026. Sivanupandian filed the present writ petition — WP(MD) No. 18560 of 2026 — challenging that reminder.
The bench observed that this second writ petition may itself not be maintainable because the impugned reminder was consequential in nature, flowing from the earlier eviction order which was already under appeal. The bench also expressed regret that the District Collector had not disposed of the appeal despite the earlier direction to do so within four months.
What the Second Respondent Disclosed in Court
When the matter came up for hearing, the second respondent placed before the bench a factual picture about Papanasam and the Tamirabarani river banks. Thousands of devotees travel to the bathing ghats of the Tamirabarani from Papanasam onwards to perform obsequies. The ceremony involves the ritualistic discarding of used and unused garments, towels, clothes, slippers, and articles associated with the deceased. On occasions such as Aadi Amavasasai, pilgrims arrive in very large numbers to offer homage to their deceased forefathers.
The bench was also told about Thiru Moorthy, a private activist who has been taking considerable interest in cleaning the river by removing discarded clothes and articles. The bench requested his presence through the department and he appeared in person on 9 July 2026. He explained that when the temple authorities deployed officials to ward off ritual discarding at one specific high-footfall point, people simply moved to other locations along the river bank. He stated that rituals are now being performed at points ranging from Gnanapalayam to Thalayanai. According to him, not less than a tonne of used garments and clothes is dumped in the Tamirabarani every single day.
Thiru Moorthy described how he coordinates with the local administration, the temple management, and members of a community known as “Aripukarargal” to collect the items thrown into the river. He also informed the bench that a fairly large tank is being constructed near the river bank which could be used for performing the rituals, after which daily cleaning could be undertaken.
The Ecological and Legal Dimension the Bench Examined
The bench recorded the specific harms described by Thiru Moorthy. Clothes made of polyester and synthetic fabrics are not bio-degradable. When they get caught in the riverbed, they become a breeding ground for bacteria including E. coli, posing a serious health hazard. The Tamirabarani is also home to two species of turtle — the Indian Black Turtle and the Indian Flapshell Turtle, each with an average life span of no less than a hundred years — which get enmeshed in discarded clothes and suffocate to death. Photo frames thrown into the river break on rocks, posing a threat to marine life and injuring the persons who sift the riverbed to collect the articles.
The bench also referred to a booklet titled Thamarabharani Nadhaneer Thooimai Vizhipunarvu authored by Smt. C. Kalavalli, which documented waste collected from the Tamirabarani between 7 May 2026 and 28 May 2026. The figures recorded were: clothes — 86 to 90 tonnes; holy ash — 2.20 tonnes; slippers — 115 kg; plastic waste — 1,385 kg; glass bottles — 220 kg; sacks — 90 kg; burnt bricks — 700 kg; oil bottles and shampoo covers — 302 kg; sanitary napkins and diapers — 374 kg; and residuary waste — 440 kg. The bench described these statistics as “alarming”.
On the statutory side, the bench noted that Section 36 of the Tamil Nadu Public Health Act, 1939 prohibits the pollution of water courses. It also cited Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, which prohibits any person from knowingly causing or permitting poisonous, noxious, or polluting matter to enter any stream, well, sewer, or land, and from causing or permitting any matter to enter a stream in a manner that impedes its proper flow or aggravates pollution.
The bench referred to the Supreme Court's ruling in T.N. Godavarman Thirumulpad v. Union of India, (2012) 3 SCC 277, which advocated a shift from an anthropocentric to an eco-centric approach to environmental questions. It also cited Subas Kumar v. State of Bihar, (1991) 1 SCC 598, for the proposition that the right to enjoy pollution-free water is a fundamental right under Article 21 of the Constitution. The bench further referred to M.C. Mehta v. Union of India, 2024 SCC OnLine SC 3366, in which the Supreme Court reminded that no religion encourages any activity which creates pollution.
Why No Substantive Order Was Passed on 9 July
The bench made clear that it proposes to direct the authorities to ensure no further pollution of the Tamirabarani under the guise of performing rituals. However, it consciously held back from passing such directions immediately. The reason given was that any order passed in a public interest litigation operates in rem and would affect the beliefs and sentiments of millions of Hindus. Passing orders prejudicial to their interests without hearing the stakeholders would be inappropriate even where the bench is only proposing to enforce a statutory mandate.
The bench recorded that Article 25 of the Constitution makes the freedom to practise religion subservient to public health. It also noted the fundamental duty under Article 51A(g) of the Constitution to protect and improve the natural environment including rivers and wild life, and to have compassion for living creatures, as well as the duty under Article 51A(h) to develop scientific temper. The bench stated that it would not straightaway condemn the practices as superstition, but felt compelled to intervene because those practices are destroying the river.
Three of the five respondents — the Commissioner and Joint Commissioner of the Hindu Religious and Charitable Endowment Department, and the Executive Officer of Arulmighu Papanasa Swamy Thirukoil, Papanasam — were themselves added to the proceedings by the court on 2 July 2026.
Order
The bench directed the District Collector, Tirunelveli to make an announcement to the public at large about the orders proposed to be passed on 16 July 2026. Any religious body or activist is free to intervene and make submissions on that date. The District Administration was directed to place before the bench a set of proposals providing a final solution to the problem of ritual waste dumping in the Tamirabarani. The case is listed for 16 July 2026.