Madras High Court
S.James David vs The State Of Tamil Nadu on 20 November, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.(MD)No.23595 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.11.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P(MD)No.23595 of 2017 &
W.M.P.(MD)No.19855 of 2017
S.James David ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by its Principal Secretary, Municipal
Administration and Water Supply Department,
Fort.St.George,
Chennai 09.
2. The Commissioner of Municipal Administration,
Commissionerate Of Municipal Administration,
Ezhilagam, Chepauk,
Chennai 600 005.
3. The District Collector,
Sivagangai, Sivagangai District.
4. The Revenue Divisional Officer,
Devakottai, Sivagangai District.
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W.P.(MD)No.23595 of 2017
5. The Tahsildar,
Karaikudi Taluk,
Sivagangai District.
6. The Commissioner,
O/o. The Commissioner,
The Devakottai Municipality,
Devakottai,
Sivagangai District.
7. The Commissioner
O/o. The Commissioner,
The Karaikudi Municipality,
Karaikudi,
Sivagangai District.
8. The District Environment Engineer,
TNPCB, Sivagangai- 630 561. ... Respondents
[R8 is Suo Motu Impleaded Vide Court Order dated 10/09/2025 in
WP(MD)No.23595/2017]
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, forbearing the respondent Nos.6 and
7 from dumping the wastes of Karaikudi and Devakottai Municipalities
of Sivagangai District at T.S.No.467, 468 and 469/1 at Devakottai
Rastha, Karaikudi Taluk, Sivagangai District within the time frame
stipulated by this Court.
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W.P.(MD)No.23595 of 2017
For Petitioner : Mr.Mahaboob Fazil
for Mr.T.Lajapathi Roy
For Respondents : Mr.J.Ashok
Additional Government Pleader
for R1 to R5
Mr.Mohammed Imran,
Standing Counsel for R6 & R7
Ms.Madhuri Donti Reddy for R8
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) The prayer is for a mandamus forbearing R6 and R7, being the Commissioners of Devakottai and Karaikudi Municipalities in Sivagangai District, from dumping waste in the properties in T.Nos.467, 468 and 469/1 at Devakottai Rastha, Karaikudi Taluk, Sivagangai District.
2. The aforesaid survey numbers constitute dumping grounds and hence the question of issuing a mandamus does not arise as there is no other location where the waste could be dumped.
3. Needless to say, the waste that is dumped has to be addressed expeditiously in a timely manner in order that it does not constitute or result in a public health hazard or nuisance.
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4. To this effect, we had asked the respondents to file a counter and the District Environmental Engineer of the Tamil Nadu Pollution Control Board based in Sivagangai has filed a counter on 24.09.2025 setting out the processes undertaken for disposal of legacy waste.
5. The term legacy waste denotes waste that has been dumped over a period of several years and has not been addressed at all. It is unfortunate indeed that processess necessary to dispose waste in a timely manner had not been undertaken not just in Devakottai and Sivagangai, but in so may other parts of the State, including in the city of Chennai.
6. Be that as it may, the background to the processes are as follows:
4. It is respectfully submitted that the details of Solid Waste Processing Facility of Karaikudi corporation and Devakottai Municipality are as follows;
1) Solid Waste Processing Facility of Karaikudi Municipal Corporation:
It is submitted that Karaikudi is one of the oldest town in Sivagangai District. It was granted with the status of Municipality during the year 1928 and elevated to a Special grade Municipality since 2013. The Town is having a population of 1,06,714 as per census 2011, covering 36 wards with 29,086 households. It was reported that Karaikudi Municipality has started dumping of municipal solid waste in the year 1972 at S.F. 4/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 No 468 & 469/2 of Senjai Village, Karaikudi Taluk, and Sivagangai District over an area of 5.544 Hectares. The municipality has obtained Consent to Operate of the TNPC Board under Water and Air Acts vide Proc. No. F. 0825SVG/RS/DEE/TNPCB/SVG/W/2018 Dated:
21/06/2018,Proc.No.F.0825SVG/RS/DEE/TNPCB/SVG/A/ 2018 Dated: 21/06/2018 respectively for the following: Product:
1. Processing of Municipal Solid Waste in the Mompost and recyclable materiails-50 Tonnes Per Day (TPD) By Product:
1. Compost-30 Tonnes Per Day (TPD)
2. Recyclable Materials like Plastic, Rubber, PET, Glass, Jute, etc., -9 Tonnes Per Day (TPD) and renewed vide Proc. No. F. 0825SVG/RS/DEE/ TNPCB/SVG/W/2023 Dated: 01.08.2023, Proc. No. F. 0825SVG/RS/DEE/TNPCB/SVG/A/2023 Dated: 01.08.2023 which is valid up to 31.03.2024. The local body has been instructed to apply for renewal of consent under Water and Air Acts. Further, the local body has obtained authorisation under Solid Waste Management Rules, 2016 vide Proc. No.JCEE(M)/TNPCB/MDU/F. 072/SWM/2019 Dated: 12.09.2019 for processing, recycling, treatment and disposal of municipal solid waste of 48 Metric Ton Per Day (MTPD) with validity upto 31.03.2020.
Now, Karaikudi has been upgraded to a city municipal corporation as per G.O. Ms. No. 102 by the Municipal Administration and Water Supply Department on 10.08.2024. It covers an area of 74.08 sq.km with 48 wards and 60899 households. At present the estimated population of the Karaikudi is 210855.
II) Solid Waste Dumping site of Devakottai Municipality:
It is submitted that Devakottai Municipality is a first 5/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 grade municipality since 1998. The Town is having a population of 51,865 as per census 2011, covering 27 wards with 20,056 households. At present the estimated population is 58,800. The Devakottai Municipality has started dumping of municipal solid waste at S.F. No 467 of Karaikudi Village, Karaikudi Taluk, Sivagangai District over an area of 1.85 Hectares adjacent to the Solid Waste Processing Facility of Karaikudi on northern side.
Further, the municipality has obtained authorisation under Solid Waste Management Rules, 2016 vide Proc. No. JCEE(M)/TNPCB/MDU/F.057/SWM/2019 Dated:
12.04.2019 for processing, recycling, treatment and disposal of municipal solid waste of 14.5 Metric Ton Per Day (MTPD) with validity upto 31.03.2020.
5. It is respectfully submitted that in compliance to the orders of the Hon'ble High Court, The Assistant Engineer, Tamilnadu Pollution Control Board, Sivagangai District inspected the Solid Waste processing facility of Karikudi Corporation on 13.09.2025 along with the City Health Officer, Karaikudi Corporation and the Writ petitioner and report is submitted as follows:
1. At present Karaikudi Municipal Corporation generates municipal solid wastes of 80.64 MT/day comprising of wet waste of 45.59 MT/day and dry waste of 35.05 MT/Day.
11. The Corporation has provided 6 Micro Composting Centre (MCC) with 4 Ton capacity and 6 Resource Recovery Centre (RRC) with 5 Ton capacity each at the following locations:
A. Kottaiyur Main Road, Kalanivasal B. Servaroorani, Near Burial Ground.
C. Ganeshapuram, Near Burial Ground.
D. Near Burial Ground, Senjai Village.
E. Compost yard inside, Rastha.6/13
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 F. Rajivgandhi Nagar, Sangarapuram Village. III. The organic wastes are composted through the above mentioned micro composting centers.
IV. The Corporation has provided 1 no. of Bio- Methanation plant of 2 Ton capacity at Weekly Market, Kottaiyur Main Road, Kalanivasal Village, Karaikudi Taluk, Sivagangai District for composting of fruits & vegetable wastes and food wastes and is converted into electrical energy of 80 KWH.
V. The remaining mixed wastes are transported to the Solid Waste Processing Facility located at S.F. No 468 & 469/2 of Senjai Village, Karaikudi Taluk, and Sivagangai District.
VI. The mixed waste conveyed into the Tromel where screening is done to remove coarse, foreign particles and plastic and other waste. Then the segregated wet waste is shredded in a shredder, and then spread into windrows over a concreted platform and periodically tilted to facilitate the aerobic process. The organic waste is getting converted into compost in 45 days. The composted matter is taken to refinement section, where the sieving and screening operations are carried out to remove the foreign objects, if any. The sieved compost is sold out as manure and soil conditioner to farmers. The local body has engaged external agency M/s.RM Solutions for the above activity.
VII. The local body authority reported that the plastic wastes are sent to M/s.Dalmia cements, for co- incineration through M/s.DM Solution, Thiruppathur District. The local body has issued the work order to the M/s.DM Solution for the collection of plastic waste. The M/s.DM Solution has made an agreement with cement industry.
VIII. A sample of water from the borewell located in the Petitioner's house was taken and sent to Advanced 7/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 Environmental Lab, TNPC Board, Madurai for analysis. It is also submitted that the mixed solid waste was found dumped in many places within the Karaikudi Corporation. In this regard, the local body has been addressed not to dump the Solid waste indiscriminately and same shall be disposed in accordance with Solid Waste Management Rules 2016.
IX. Details of Bio-mining of legacy waste:
a) The Centre for Environmental Study, Anna University has prepared the DPR for the legacy waste of 112000cu.m dumped at Karaikudi Solid Waste processing facility.
b) Based on the DPR, Karaikudi Municipality had already obtained Administration sanction order for carrying out biomining of legacy waste of 112000 cu. m for an estimated cost of Rs.737 lakhs vide G.O (Ms)No. 36 dated: 22.02.2019.
c) Based on above, Karaikudi Municipality has engaged external agency M/s.Zigma Global Environ Solutions Private Limited, Erode on 01.08.2019 to carryout the bio- mining activity and completed bio-mining of legacy waste of quantity 112000 cu.m in the year April 2022 as reported by the local body. However, the legacy waste of 53,000 cu.m is still found dumped within the site as reported by local body.
d) The local body has developed kurunkkadukal in the bio-mined area. Now local body has developed the kurunkkadukal by planting 5325 nos. of saplings in the bio-mined area of 3.45 acres.
6. It is respectfully submitted that the Solid Waste dumping site of Devakottai was also inspected on 13.09.2025 by Assistant Engineer, Tamil Nadu Pollution Control Board, Sivagangai along with the Sanitary Officer, Devakottai Municipality and petitioner and report is submitted as follows:
8/13https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 I. At present Devakottai Municipality generates municipal solid wastes of 17.85 MT/day comprising of wet waste of 9.2 MT/day and dry waste of 8.65 MT/Day. II. The Municipality has provided 3 Micro Composting Centre (MCC) with 3 Ton capacity and 2 Resource Recovery Centre (RRC) with 3 Ton capacity each at the following locations:
A. Sarugani Road, Devakottai B. Ram Nagar, Devakottai.
C. Pudur Agraharam, Devakottai III. The organic wastes are composted through the above mentioned micro composting centres. IV. The local body authority reported that the plastic wastes are sent to M/s.Dalmia cements, for co- incineration through M/s.DM Solution, Thiruppathur District. The local body has issued the work order to the M/s.DM Solution for the collection of plastic waste. The M/s.DM Solution has made an agreement with cement industry.
V. The remaining wet waste, inert waste and plastic waste are transported to the Solid Waste dumping site located at S.F. No 467 of Karaikudi Village, Karaikudi Taluk, and Sivagangai District. No Compositing activity is carried out at this site.
It is also submitted that the mixed solid waste was found dumped in many places within the Devakottai Municipality. In this regard, the local body has been addressed not to dump the Solid waste indiscriminately and same shall be disposed in accordance with Solid Waste Management Rules 2016.
VI. Details of Bio-mining of legacy waste:
a) The Centre for Environmental Study, Anna University has prepared the DPR for the legacy waste of 34,700 cu.m dumped at Devakottai MSW dumping site.
b) Based on the DPR, Devakottai Municipality has 9/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 already obtained Administration sanction order for carrying out biomining of legacy waste of 34,700 cu. m for an estimated cost of Rs.248 lakhs vide Proceeding No. 9512/2022/SBM-1 Dated 20.06.2022.
c) Based on above, Devakottai Municipality has engaged external agency Thiru. D.Senthikumar, Karaikudi and work order was issued vide ROC.No.4189/2018/E1 Dated 06.06.2023 to carryout the bio-mining activity and completed bio-mining of legacy waste of quantity 34,700 cu.m in the year July 2025 as reported by the local body.
However, the legacy waste of 2,500 cu.m is still found dumped within the site as reported by local body.
d) Further, local body has reported that Myawaki Forest will be developed in the Bio-mined area and assured to complete the same by the end of this year.
7. Inspection was conducted on 13.09.2025, at 11.00 a.m. and the Report of Analysis (ROA) of the water samples taken are scary as the limits of cadmium and lead are beyond permissible limits.
8. Cadmium and Lead are toxic notwithstanding which, in the additional report, R8 states that the water from the bore well that was taken is being used for plantation i.e., agriculture.
9. It is necessary that the two Commissioners address this issue expeditiously. The toxicity in the water evidently is a direct incident of the toxic material in the legacy waste which is leaching through the soil and contaminating both the soil and water.
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10. The work that has been undertaken thus far is after issuance of G.O.(Ms)No.36, Municipal Administration and Water Supply (MA.IV) Department, dated 22.02.2019 seeking a Bio Mining project in Dindigul Corporation and 9 other Municipalities including Karaikudi.
11. It is only on sanction of further funds that an inspection could be caused (by Anna University) and stock taken, of the further measures needed to address this issue. Though the Municipality has addressed the Government recently, no response has been received thus far.
12. There is a direction to the authorities to consider the request for grant of funds expeditiously, taking note of the fact that the issues addressed in this writ petition are extremely critical to maintain public health of the citizens.
13. With these observations, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.
[A.S.M., J.] & [C.K., J.] 20.11.2025 (1/2) mbi 11/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 To
1. The Principal Secretary, Municipal Administration and Water Supply Department, Fort.St.George, Chennai 09.
2. The Commissioner of Municipal Administration, Commissionerate Of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.
3. The District Collector, Sivagangai, Sivagangai District.
4. The Revenue Divisional Officer, Devakottai, Sivagangai District.
5. The Tahsildar, Karaikudi Taluk, Sivagangai District.
6. The Commissioner, O/o. The Commissioner, The Devakottai Municipality, Devakottai, Sivagangai District.
7. The Commissioner O/o. The Commissioner, The Karaikudi Municipality, Karaikudi, Sivagangai District.
12/13https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 03:27:27 pm ) W.P.(MD)No.23595 of 2017 DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
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