The Madras High Court has dismissed a plea seeking to restrain Isha Foundation from conducting its grand Maha Shivaratri event, citing alleged violations of pollution norms.A division bench comprising Justice S.M. Subramaniam and Justice K. Rajasekar ruled that the petitioner failed to establish a valid case for granting an injunction against the event. “This court does not find any acceptable ground to interfere with Ishaâs event,” the bench observed while dismissing the petition.
Representing the Tamil Nadu Pollution Control Board (TNPCB), Additional Advocate General (AAG) J. Ravindran submitted a counter affidavit stating that Isha Foundation had been complying with all pollution control norms. The affidavit emphasized that Isha has adequate sewage treatment facilities to handle the large gathering of devotees and volunteers expected to attend the Maha Shivaratri event.
Furthermore, the affidavit pointed out that a survey had confirmed the ambient noise level at the site remained within the prescribed limitsâ75 dB (A), as set by the board.
Advocate for the petitioner relied on a Supreme Court judgment to argue that no one should be permitted to use loudspeakers beyond midnight. The petitioner contended that “usage of loudspeakers is not an essential facet of any religious event.”
Additionally, the petitioner argued that since Isha Foundation claims to be an educational institution, it should not be allowed to use loudspeakers for the event, as it could cause noise pollution beyond the permissible limits. The petitioner also alleged that Isha lacked adequate sewage treatment infrastructure to manage liquid and solid waste for an event expected to host nearly seven lakh participants, which could lead to water pollution.
Senior Counsel Sathish Parasaran, appearing for Isha Foundation, strongly objected to the petition and questioned the petitionerâs intent. “Who is he trying to protect? I am the organizer of the event, and participants are attending voluntarily. We are neither forcing nor disturbing anyone,” he argued.
Parasaran also dismissed the petitionerâs claim of being a neighbor to Isha, pointing out that the petitioner resides in Saravanampatti village, which is far from the foundationâs premises. He asserted that the petitioner had no legitimate standing to file the case.
After hearing all submissions, the court ruled in favor of Isha Foundation and dismissed the petition.
The petitioner, S.T. Sivagnanam, had filed the plea accusing Isha of violating the Noise Pollution (Regulation & Control) Rules, 2000, by conducting the event in an open space throughout the night. He also alleged that Ishaâs activities were harming the ecologically sensitive Western Ghats.
With the High Courtâs dismissal of the petition, Isha Foundation is set to proceed with its Maha Shivaratri celebrations without legal hindrance.