Ganesan Kandasamy v. P.Velusamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G. ARUL MURUGAN WA No.3869 of 2025 Ganesan Kandasamy : Appellant versus 1.P.Velusamy 2.The District Collector Tirupur District District Collectorate Building Tiruppur641 604 3.The Revenue Divisional Officer Tiruppur Tiruppur Dist.
4.The Tahsildar Tiruppur South Tk Tiruppur Dist.
5.The Commissioner Tiruppur Municipal Corporation Tirupur 641 604 6.The Block Development Officer Tiruppur Panchayat Union, Tiruppur 641 601 7.The Special Officer Mudalipalayam Panchayat, Mudalipalayam Village, Tiruppur 641 606 8.The District Environmental Engineer Tamil Nadu Pollution Control Board Tirupur.
9.P. Muthukumar 10.T. Yuvaraj 11.R.Sathish Kumar (P in P) 12.K. Balasubramaniam 13.M.Palanisamy 14.Mangalam Grama Neeranai Payanpaduthovor Sangam Rep.by its President R.Thangavel No.3/80, Chinnakkalipalayam Iduvai Village, Tiruppur South Tk.
: Respondents Prayer: Appeal filed to set aside the order passed by learned Single Judge, dated 09.12.2025 in W.P.No.37431/2025.
For Appellant :
Mr.Srinath Sridevan, Senior Counsel, for Mr.P.S.Prabu For Respondents :
Mr.A.Edwin Prabhakar, State Government Pleader for respondents 2 to 4 Mr.P.S.Raman, Advocate General, assisted by Mr.Abishek Murthy, Standing counsel, for R-5 Ms.Shabnam Banu, for Mr.Karthik Raja, for R-14 Mr.Suchindran, Standing counsel, for R-8 Mr.S.Lakshmanasamy, For R-9 Mr.Yogeshwaran, for R-10 Mr.P.M.Duraiswamy, for R-13 WA No.3884 of 2025 Mangalam Grama Neeranai Payanpaduthovor Sangam Rep.by its President R.Thangavel : Appellant versus
1.P.Velusamy 2.The District Collector Tirupur District District Collectorate Building Tiruppur641 604 3.The Revenue Divisional Officer Tiruppur Tiruppur Dist.
4.The Tahsildar Tiruppur South Tk Tiruppur Dist.
5.The Commissioner Tiruppur Municipal Corporation Tirupur 641 604 6.The Block Development Officer Tiruppur Panchayat Union, Tiruppur 641 601 7.The Special Officer Mudalipalayam Panchayat, Mudalipalayam Village, Tiruppur 641 606 8.The District Environmental Engineer Tamil Nadu Pollution Control Board Tirupur.
9.P. Muthukumar 10.T. Yuvaraj 11.R.Sathish Kumar (P in P) 12.Ganesh Kandasamy 13.K. Balasubramaniam 14.M.Palanisamy : Respondents Prayer: Appeal filed to set aside the order passed by learned Single Judge, dated 09.12.2025 in W.P.No.37431/2025.
For Appellant :
Ms.Shabnam Banu, for Mr.Karthik Raja For Respondents :
Mr.A.Edwin Prabhakar, State Government Pleader for respondents 2 to 4
Mr.P.S.Raman, Advocate General, assisted by Mr.Abishek Murthy, Standing counsel, for R-5 Mr.Srinath Sridevan, Senior Counsel, for Mr.P.S.Prabu, for R-12 Mr.S.Lakshmanasamy, For R-9 Mr.P.M.Duraiswamy, for R-14 Mr.Yogeshwaran, for R-10 WA No.3988 of 2025 P.Muthukumar : Appellant versus 1.P.Velusamy 2.The District Collector Tirupur District District Collectorate Building Tiruppur 641 604 3.The Revenue Divisional Officer Tiruppur Tiruppur Dist.
4.The Tahsildar Tiruppur South Tk Tiruppur Dist.
5.The Commissioner Tiruppur Municipal Corporation Tirupur 641 604 6.The Block Development Officer Tiruppur Panchayat Union, Tiruppur 641 601 7.The Special Officer Mudalipalayam Panchayat, Mudalipalayam Village, Tiruppur 641 606 8.The District Environmental Engineer Tamil Nadu Pollution Control Board Tirupur.
9.T. Yuvaraj 10.R.Sathish Kumar 11.Ganesh Kandasamy 12.K. Balasubramaniam 13.M.Palanisamy 14.Mangalam Grama Neeranai Payanpaduthovor Sangam Rep.by its President R.Thangavel No.3/80, Chinnakkalipalayam Iduvai Village, Tiruppur South Tk.
: Respondents Prayer: Appeal filed to set aside the order passed by learned Single Judge, dated 09.12.2025 in W.P.No.37431/2025.
For Appellant :
Mr.S.Lakshmanasamy For Respondents :
Mr.Srinath Sridevan, Senior Counsel, for Mr.P.S.Prabu, for R-1 Mr.A.Edwin Prabhakar, State Government Pleader for respondents 2 to 4 Mr.P.S.Raman, Advocate General, assisted by Mr.Abishek Murthy, Standing counsel, for R-5 Ms.Shabnam Banu, for Mr.Karthik Raja, for R14 Mr.P.M.Duraiswamy, for R-13 Mr.Yogeshwaran, for R-9 WA No.3989 of 2025 M.Palanisamy : Appellant versus 1.P.Velusamy 2.The District Collector Tirupur District District Collectorate Building
Tiruppur641 604 3.The Revenue Divisional Officer Tiruppur Tiruppur Dist.
4.The Tahsildar Tiruppur South Tk Tiruppur Dist.
5.The Commissioner Tiruppur Municipal Corporation Tirupur 641 604 6.The Block Development Officer Tiruppur Panchayat Union, Tiruppur 641 601 7.The Special Officer Mudalipalayam Panchayat, Mudalipalayam Village, Tiruppur 641 606 8.The District Environmental Engineer Tamil Nadu Pollution Control Board Tirupur.
9.P. Muthukumar 10.T. Yuvaraj 11.R.Sathish Kumar (P in P) 12.Ganesan kandasamy 13.K.Balasubramaniam 14.Mangalam Grama Neeranai Payanpaduthovor Sangam Rep.by its President R.Thangavel No.3/80, Chinnakkalipalayam Iduvai Village, Tiruppur South Tk.
: Respondents Prayer: Appeal filed to set aside the order passed by learned Single Judge, dated 09.12.2025 in W.P.No.37431/2025.
For Appellant :
Mr.P.M.Duraiswamy For Respondents :
Mr.A.Edwin Prabhakar, State Government Pleader for respondents 2 to 4 Mr.P.S.Raman, Advocate General,
assisted by Mr.Abishek Murthy, Standing counsel, for R-5 Mr.Srinath Sridevan, Senior Counsel, for Mr.P.S.Prabu, for R-12 Ms.Shabnam Banu, for Mr.Karthik Raja, for R-14 Mr.S.Lakshmanasamy, For R-9 Mr.Yogeshwaran, for R-10 COMMON JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) Detailed interim order passed by the learned Single Judge is challenged in these intra court appeals on the ground that the learned Single Judge while passing the interim order, has not appreciated that the site is not cleared under any clearance order of the Tamil Nadu Pollution Control Board, and it is near agricultural fields. It is also submitted that there is also a canal passing through nearby.
2. We find that the learned Single Judge has passed a very detailed interim order, taking into consideration various submissions made before him. We also find that permission for dumping of municipal garbage is permitted only for a period of six months. The
order impugned also imposes conditions with regard to the manner it will be used. Timely inspection has also been ensured. The learned Single Judge has also ordered that Tiruppur Municipal Corporation shall commence the process for establishment of MCC and MRF in those locations immediately, clarifying that the present site is only temporary in nature and once it reaches the storing capacity threshold, it shall stop using the site. We also find that the learned Single Judge, by way of abundant caution, has also gone to the extent of ordering that the waste stored at Iduvai should be removed within a period of six months from 11.12.2025.
3. We do not think protection more than that is needed to be granted while passing an interim order by the learned Single Judge.
4. The scope of interference in an intra court appeal against an interim order is extremely narrow and limited to seeing whether the order is patently illegal and it would be in the interest of justice to interfere. Normally, interim orders passed by writ Court in exercise of discretionary jurisdiction are not required to be interfered with in an intra court appeal.
5. The appeals are without any merits and are, therefore, dismissed. There will be no order as to costs. Consequently, CMP Nos.31693, 31616, 32386, 32384 of 2025 are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G. ARUL MURUGAN, J.) 17.12.2025 Index : Yes/No : Yes/No tar To 1.The District Environmental Engineer Tamil Nadu Pollution Control Board, Tirupur.
2.The District Collector Tirupur District Tiruppur641 604 3.The Revenue Divisional Officer Tiruppur Tiruppur Dist.
4.The Tahsildar Tiruppur South Tk Tiruppur Dist.
5.The Commissioner Tiruppur Municipal Corporation Tirupur 641 604 6.The Block Development Officer Tiruppur Panchayat Union, Tiruppur 641 601 7.The Special Officer Mudalipalayam Panchayat, Mudalipalayam Village, Tiruppur 641 606
THE HON'BLE CHIEF JUSTICE AND G. ARUL MURUGAN , J.
(tar) WA Nos.3869 of 2025 etc.
17.12.2025