Citing Vedas, Madras High Court Orders Action Against Those Polluting Village Tank For Fish Farming

The bench of Justice GR Swaminathan and Justice B Pugalendhi noted that the Vedas had warned against polluting water, viewing it as a great sin and a punishable crime. Citing examples of Lord Krishna punishing serpent Kaliya for poisoning drinking water and Bharata's words to Kausalya, the court said that the Vedas have also talked about keeping the winds and rivers free of pollution.

“Veda warns us not to pollute water. There is a hymn in Rig Veda which prays that the wind and the rivers should flow with sweetness. It means that they should be free of pollution. Under any circumstances water is not allowed to be polluted. Keeping water very pure is highly encouraged, and polluting water is severely viewed and regretted. Polluting water is also treated as a punishable crime,” the court said.

The court was hearing a petition filed by Raja, a resident of Madurai calling for remedial action against pollution of a water tank in Chinnakuravakudi village, Usilampatti Taluk , on account of illegal fish culturing.

Finding force in his submissions, the court had directed an advocate to visit the place and conduct a field enquiry by collecting water samples, after the authorities submitted that no such illegal activity was taking place as alleged by the petitioner. On enquiry by the advocate, it was revealed that the villagers had joined together and auctioned fishery rights to collect money for the temple festival. The court also noted that a lap report of the water sample revealed that the water in the said tank was heavily polluted.

The court, however, noted that the state continued to deny any such pollution. The private respondent, who was the successful bidder and received the fishing rights, questioned the credentials of the petitioner and argued that he had himself encroached upon temple land for which the villagers had taken action against him. To this, the court said that even if those allegations were true, the court could not deflect its attention from the issue of water pollution at hand.

The court noted that fish farming demanded use of poultry waste which polluted the water resource and made it unfit for drinking by both humans and cattle. The court also noted that once fishing rights are given to a person, he will start using the lake to maximise the profits instead of thinking about sustainable practices.

The court also highlighted that when water quality is poor, the poor would be the first affected. However, the villagers, without considering the same had auctioned off the fishing rights for raising funds for a temple festival, not realising that maintaining a pond in its pristine and pure form was itself an act of worship.

“When environment is degraded, the poor are the first to be hit. Unfortunately, this is not understood by the ordinary folk. Otherwise, the villagers of Chinnakuravakudi would not have permitted a private individual to exploit their village pond. The villagers thought that there is no other way to raise funds for the temple festival. The Bharatiya Dharma sees divinity in everything. A pond is also a manifestation of the divine. Maintaining it in its pristine and pure form is itself an act of worship,” the court said.

The court also criticised the Water Resource Department for failing to conduct periodical inspections to ensure that the water tank, under its jurisdiction was kept free from pollution. The court thus directed the Secretary to Government, Water Resource Department to instruct the Assistant Engineers to regularly inspect the water bodied under their control and submit certificates twice a year. The court added that circulars could be issued for the same and any person acting in breach of the instruction shall face departmental proceedings.

With respect to the present case, the court directed the Executive Engineer, Water Resources Periyar Vaigai Basin Division to immediately take steps to de-pollute the water and take necessary steps against persons who had illegally cultured fish in the tank

Counsel for Petitioner: Mr.M.Raja, Party-in-person

Counsel for Respondent: Mr.G.V.Vairam Santhosh Additional Government Pleader, Mr.K.Gnanasekaran Government Advocate (Crl Side)

Case Title: M Raja v The District Collector and Others

Citation: 2026 LiveLaw (Mad) 182

Case No: W.P(MD)No.9310 of 2026