Madras High Court Paves Way For Shivaratri Celebration At Isha Foundation, Dismisses Plea Alleging Violation Of Pollution Norms

The Madras High Court, on Monday, dismissed a plea seeking directions to the authorities to desist from issuing permission to conduct Maha Shivaratri celebrations at Isha Foundation in light of violations of pollution norms in previous celebrations. By doing so, the bench also allowed Isha to go ahead with its Mahasivarathri celebrations.

The bench of Justice SM Subramaniam and Justice K Rajasekar took on record the affidavit filed by the Tamil Nadu Pollution Control Board informing the court that Isha Foundation was well-equipped to deal with any solid, liquid or noise pollution that may arise during the Mahasivarathri festival in its Coimbatore premises on 26th and 27th of February 2025. The bench, noting that there was no reason to raise apprehensions, dismissed the plea.

"Undoubtedly, the law in force has to be scrupulously followed. Public interest should be of paramount importance. Clean air, adequate facilities, etc are important for individuals and the state should ensure that the basic rights of the citizens under the Constitution is protected. However, the Tamil Nadu Pollution Control Board has stated that the 7th Respondent [Isha] is complying with norms and conducting the programs inside their campus and the same may not cause any pollution to people living outside the campus. In view of the fact that except apprehension, the petitioner has not established any relief injuncting Isha from conducting the Mahasivarathri program, this court does not find any reason for interference," the court said dismissing the order.

The petition was filed by ST Sivagnanan, a resident of Coimbatore, who claimed that he owned a farm adjacent to that of Isha Foundation where he was raising cows. He had argued that Isha had been conducting its Mahasivarathri festival on its premises without following the pollution control norms. It was argued that last, he had approached the court aggrieved by Isha's sewage discharge and noise pollution, and the court, through an interim order had directed the authorities to ensure that no sewage or wastewater was let to his property. He added that despite the court's direction, the authorities did little to address the violations committed by Isha.

Relying on the Noise Pollution Rules, he argued that the State Government does not permit loudspeakers beyond 12 am and that the Noise Control Rules would apply even for the use of loudspeakers inside the private premises. He vehemently argued that the right to celebrate Sivarathri does not give an unfettered right to violate the pollution norms. He thus argued that unless the Rule itself was amended, Isha could not be allowed to conduct the event using loudspeakers after midnight.

Isha on the other hand questioned the locus of the petition and argued that even as per the address given in the affidavit filed along with the plea, the petitioner was not a neighbor to make the allegations. Isha argued that the petitioner had been filing petitions against the foundation during the Sivarathri celebrations without any merits. Isha also relied on the TNPCB report to argue that it had been conducting the festival per norms.

The TNPCB also informed the court that Isha had been conducting its Mahasivarathri festival as per the pollution norms. TNPCB also submitted that it would conduct the Ambient Noise Level (ANL) survey during the celebration.

The court, considering the submissions, was not inclined to interfere with the celebration and ordered accordingly.

Additional Advocate General J Ravindran appeared for the TNPCB and Isha was represented by Senior Advocate Satish Parasaran for Advocate Gowtham Kumar and AP Balaji.

Case Title: ST Sivagnanan v The State of Tamil Nadu

Citation: 2025 LiveLaw (Mad) 69

Case No: WP 5776 of 2025