Citizens Guardians Rep. v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Citizens Guardians Rep. by its Founder-Chairman V.Ravichandran New No.1, Old No.2, Bank of India Colony Near 8th Avenue, Ashok Nagar Chennai 600 083.

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Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Chief Secretary Fort St. George, Chennai 9.

2. The Government of Tamil Nadu Rep. by its Secretary Municipal Administration & Water Supply Department Fort St. George, Chennai 9.

3. The Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai 9.

4. The Government of Tamil Nadu Rep. by its Secretary Public Works Department Fort St. George, Chennai 9.

5. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Maligai Gandhi Erwin Salai, Egmore Chennai 600 008.

6. The Corporation of Chennai Rep. by its Commissioner Rippon Buildings, Park Town, Chennai 600 003.

7. The Chennai Metropolitan Water Supply and Sewerage Board Rep. by its Managing Director No.1, Pumping Station Road Chintadripet, Chennai 600 002.

8. The Tamil Nadu Pollution Control Board Rep. by its Chairman 76/100, Anna Salai, Guindy Chennai 32.

9. The Anna University Guindy, Chennai.

10.The Environment Management Agency of Tamil Nadu The Anna University Guindy, Chennai 600 025.

11.The National River Conservation Directorate Rep. by its Director Ministry of Environment and Forest Paryavaran Bhavan CGO Complex, Lodi Road New Delhi 111 003.

12.The Central Public Health and Environmental Engineering Organisation Rep. by its Chairman Ministry of Urban Development Nirman Bhavan, New Delhi.

13.Association of Engineers Metro Water Rep. by its General Secretary C.R.Rajarathinam No.7, 27th Cross Street Tiruvallur Nagar Thiruvanmiyur, Chennai 600 041.

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Respondents [R13 impleaded vide order dated 19.12.2008 in MP No.5 of 2008] Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to implement the Chenani City river conservation project in letter and spirit and forbearing the respondents from in any way letting out or discharging any untreated sewage water directly or indirectly in the water ways of the Chennai city till such time they put up effective mechanism for treating raw sewage water in order to arrest pollution of water in the water ways.

For Petitioner :

Mr.P.Mathivanan For Respondents :

Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate for R1 & R2 Mr.A.Arun Babu Standing Counsel for R6 Mr.K.Subramani Standing Counsel for R7 Mr.Suchindran B.N.

Standing Counsel for R8

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation was filed way back in 2008 seeking issuance of a direction for effective implementation of Chennai City River Conservation Project in its true letter and spirit and forbearing respondents from in any way letting out or discharge any untreated sewage water directly or indirectly in the water ways of the Chennai city. Further prayer was made that till such time they put up effective mechanism for treating raw sewage water in order to arrest pollution of water in the water ways, to pass orders as may be considered appropriate in the case.

2. When this case was taken up for hearing on 17.09.2009, it was brought to the notice of this Court that steps have been taken for construction of sewage treatment plant within the urban area and sub-urban area of the city of Chennai. As against the defects that were pointed out in implementation of the Scheme, which also included the sub-standard quality of PSC pipes, State was allowed

two weeks' time to file appropriate affidavit to respond to the defects pointed out before the Court.

3. In response thereto, a detailed affidavit was subsequently filed by the Managing Director of CMWSSB on 01.10.2009. Among other things, in paragraph 42 of the aforesaid affidavit, it has been stated that various factors influencing the selection of materials for sewer construction are flow characteristics, availability in the sizes required including fittings and ease of handling and installation, water tightness and simplicity of assembly, etc. It was further stated that no material will meet all the conditions that may be encountered in sewer design.

4. While matter stood thus, the project continued and it is informed that the project has been completed long back and even new projects have also come up thereafter.

5. At this stage, we do not consider appropriate to proceed further in the matter as no further orders are required to be passed.

6. Petition is, accordingly, closed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA,CJ) (MUMMINENI SUDHEER KUMAR,J) 29.07.2025 Index :

Yes/No Yes/No kpl To

1. The Chief Secretary Fort St. George, Chennai 9.

2. The Secretary Municipal Administration & Water Supply Department Fort St. George, Chennai 9.

3. The Secretary Housing and Urban Development Department Fort St. George, Chennai 9.

4. The Secretary Public Works Department Fort St. George, Chennai 9.

5. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai Gandhi Erwin Salai, Egmore Chennai 600 008.

6. The Commissioner Corporation of Chennai Rippon Buildings, Park Town, Chennai 600 003.

7. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road Chintadripet, Chennai 600 002.

8. The Chairman Tamil Nadu Pollution Control Board 76/100, Anna Salai, Guindy Chennai 32.

9. The Anna University Guindy, Chennai.

10.The Environment Management Agency of Tamil Nadu The Anna University Guindy, Chennai 600 025.

11.The Director National River Conservation Directorate Ministry of Environment and Forest Paryavaran Bhavan CGO Complex, Lodi Road New Delhi 111 003.

12.The Chairman Central Public Health and Environmental Engineering Organisation Ministry of Urban Development Nirman Bhavan, New Delhi.

THE HON'BLE CHIEF JUSTICE AND MUMMINENI SUDHEER KUMAR ,J.

(kpl) 29.07.2025