Villagers who say a government rice mill has polluted their air for years may Protest Inside Crematorium grounds, the Madras High Court has ruled, setting aside the police order that had refused permission.
Chennai: Residents of Sitharkadu village in Mayiladuthurai district may hold a sit-in inside the village crematorium from November 29, 2026 against alleged air pollution from a rice mill run by the Tamil Nadu Civil Supplies Corporation, after the Madras High Court quashed the police order rejecting permission [Anburaj v. State].
The order was passed by Justice V. Lakshminarayanan on Thursday, October 15. Advocate Ganapathieaswaran appeared for the residents, while Additional Public Prosecutor Arun Anbumani appeared for the State and raised concerns about the venue.
Protest as a protected right
The Court held that the right to protest is protected under Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of speech and expression and the right to assemble peaceably and without arms. A protest against alleged pollution, it added, also fulfils the fundamental duties under Articles 51A(a) and 51A(g). On that footing it set aside the police order and allowed the protest at the crematorium.
Permission comes with conditions. The organisers must give the police a list of participants in advance, keep the peace, and ensure that funeral ceremonies and other rituals are not obstructed.
The residents’ grievance
The residents say they have complained about pollution from the rice mill since 2006, that several legal proceedings were started and that complaints were made to the Tamil Nadu Pollution Control Board. They allege that the mill’s effluent treatment plant is not functional and that other pollution controls are poorly maintained. These are the residents’ allegations, and the order does not record any finding on them.
When earlier protests produced no result, the residents planned a sit-in at the village crematorium for August 2, 2026. Police rejected permission hours before the protest was due to begin, and the residents moved the High Court.
Conditions in place of a ban
The order treats a protest over a local environmental grievance as a constitutionally protected activity and places the burden on the State to justify a refusal of permission, while attaching safeguards for the sanctity of the venue.
It also shows the Court weighing the State’s concern about the choice of a crematorium against the residents’ long-standing complaints, and resolving it through conditions rather than a ban.
Case Title: Anburaj v. State (case number not available)
Bench: Justice V. Lakshminarayanan, Madras High Court
Date of Order: October 15, 2026
Appearances: Advocate Ganapathieaswaran for the residents; Additional Public Prosecutor Arun Anbumani for the State