Madras HC Dismisses Plea Against Isha Foundation’s Maha Shivaratri Event

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 are 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 midnight 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.

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