E.Manikandan vs The District Collector
- Court
- Madras High Court
2026:MHC:3828
WP(MD)No.33481 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.09.2026
CORAM
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR JUSTICE R.SAKTHIVEL
W.P(MD)No.33481 of 2025
and WMP(MD) No.26422 of 2025
E.Manikandan S/o.Ilangovan,
30, Ayyanar Kovil, Main Road,
Sellur, Madurai - 624002.
... Petitioner
- Vs. -
1. The District Collector
O/o.The District Collector,
Madurai District.
2. The Commissioner
Madurai Corporation, Madurai District.
... Respondents
Prayer:Writ Petition is filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
forbear from installing the proposed Garbage Transfer Plant under the
Swachh Bharat Mission (Urban) 2.0 within the Thathaneri crematorium
premises, and to relocate the same to a suitable site outside the city limits in
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accordance with the objectives and guidelines of the said scheme, so as to
ensure betterment of the locality and to prevent pollution in the area and
further, to direct the respondents to consider the petitioners representation
dated 30.06.2025 within a time frame to be stipulated by this Court.
For Petitioner : Mr.R.Vignesh
For Respondents : Mr.K.K.Kannan for R2
Special Government Pleader
Mr.K.K.Udayakumar for R1
ORDER
(Order of the Court was made by C.V.KARTHIKEYAN, J)
This writ petition has been filed in the nature of mandamus seeking
permission against the respondents to forbear them from installing proposed
Garbage Transfer Plant under the Swachh Bharat Mission (Urban) 2.0
within the Thathaneri crematorium premises and to relocate the same to any
other suitable outside the city limits in accordance with the objectives and
guidelines of the said scheme so as to ensure betterment of the locality and
to prevent pollution in the area.
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2. In the affidavit filed in support of the writ petition, it had been
contended that a modern garbage transfer station had been proposed to be
put up adjacent to the Thathaneri burial ground under the Swachh Bharat
Mission (Urban) 2.0 scheme. It had been stated that this would affect the air
quality, public health and dignity of the deceased, who are cremated there.
It had also been stated that Mayana Kaliyamman Temple also known as Shri
Cemetry Kalimata Temple is situated within the Thathaneri Crematorium
premises in close proximity to the proposed garbage transfer plant site. It
had been stated that the establishment would deeply hurt the spiritual
sanctity and cultural heritage of the area. It had been stated that necessary
consent had not been obtained. It was therefore contended that restraint
must be given against the establishment of the said garbage transfer plant
site.
nd
3. The 2 respondent Commissioner Municipal Corporation,
Madurai, had filed a counter affidavit, wherein, it had been stated that the
proposed transfer station is eco friendly, scientific and cost effective and it
is for the benefit of the public at large. It had been stated that it would
function without any pollution. It would also not disturb their religious
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practices. A wall had been put up between the garbage center and the
crematorium. Further the Thathaneri Crematorium has modern facilities
with closed cylinder and would not cause public disturbance. It had been
stated that the project has been practically completed and is to be
inaugurated.
4. We have heard the arguments of the learned counsel for the
petitioner and the respondents.
5. The petitioner seeks a restraint from putting up a modern garbage
transfer station within Thathaneri, where the crematorium is situated. The
learned counsel for the petitioner stated that two survey numbers, where the
said garbage transfer station is to be put up, have been now reallocated to
the Madurai Corporation. There is also a wall, which had been put up
between the garbage station and the crematorium.
6. The learned counsel for the second respondent stated that the
garbage, which was transported in nearly about 20 lorries is now
compressed and transported in just two lorries, which is also eco friendly
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and pollution free. It is stated that since there is a wall built, it would not
affect or hurt the religious or other sentiments of the people. Every effort
had been taken to ensure that no pollution is caused. Even the crematorium
has a modern facilities with a closed cylinder exhaust and therefore there
would be no pollution caused from the crematorium also. It is also
contended on behalf of the second respondent that the financial sanction
under the Swachh Bharat Scheme of the Central Government under which
the project had commenced has been sanctioned and the facility is to be
inaugurated very shortly.
7. The fears of the petitioner are unfounded. The compression of the
garbage will actually help in reducing pollution. It will also reduce the
spread of garbage to a larger area. It will shorter the garbage storing place
and it will facilitate transport of the garbage, thereby making the place a
little more healthier and more hygienic. The presence of the wall will also
ensure that there is no connection between the crematorium and the garbage
plant. The members, who come to the crematorium, cannot see the garbage
plant. Moreover, the crematorium also has modern facilities with the closed
cylinder. This also would cause less pollution. We hope that the
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establishment of the garbage transfer station would not affect either the
continuation and functioning of all the religious functions, which are
performed during the crematorium. Though we appreciate the petitioner for
bringing the issue before this Court, we are afraid that we cannot accede to
the request. The petition stands dismissed. No costs. Consequently
connected Miscellaneous Petition is closed.
(C.V.K.,J.) (R.S.V,J.)
10.09.2026
NCC : Yes
Index : Yes
RR
To
1. The District Collector O/o.The District Collector,
Madurai District.
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2026:MHC:3828
WP(MD)No.33481 of 2025
C.V.KARTHIKEYAN, J
AND
R.SAKTHIVEL, J
RR
WP(MD) No.33481 of 2025
10.09.2026
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