The Madras High Court on Thursday permitted residents of a Tamil Nadu village to hold a sit-in protest inside a crematorium against alleged pollution caused by a government-run rice mill in the area [Anburaj Vs State].

Justice V Lakshminarayanan observed that the right to protest is protected under the Constitution and cannot be denied merely because the police apprehend a law and order problem.

The unusual choice of protest venue also prompted several humorous exchanges between the judge and the State's counsel during the hearing.

When Additional Public Prosecutor Arun Anbumani raised concerns about permitting the protest inside a crematorium, the judge pointed out that the villagers had undertaken not to disturb funeral rituals.

"He will not trouble the dead, what else?" the judge remarked.

The judge then turned to the alleged pollution caused by the government-run rice mill.

"Because of your industry, people are dying," Justice Lakshminarayanan remarked.

When the prosecutor responded that it was not his industry, the judge asked who owned it.

On being informed that the mill was operated by the Tamil Nadu Civil Supplies Corporation, Justice Lakshminarayanan quipped,

"Owned by Government of Pakistan?"

The remark drew laughter in the courtroom.

The judge also appeared amused by the villagers' decision to protest inside a crematorium.

"But excellent idea. Seeing pollution, I will protest in the burial ground. Either way, he's dying because of pollution. He is reducing your work," the judge remarked.

During another exchange, the judge cautioned the villagers against obstructing funeral ceremonies and jokingly remarked in Tamil that the protesters themselves might end up killing someone.

When counsel pointed out that the judge's remarks, though made in a lighter vein, might be misunderstood, Justice Lakshminarayanan responded,

"Arun, you should not conduct the Court seriously. You should conduct the case seriously."

The case concerned residents of Sitharkadu village in Mayiladuthurai district, who alleged that a modern rice mill operated by the Tamil Nadu Civil Supplies Corporation was causing severe air pollution.

According to the villagers, they had been raising concerns about the pollution since 2006. Several legal proceedings had been initiated, and complaints had also been made to the Tamil Nadu Pollution Control Board.

They alleged that the effluent treatment plant at the mill was not functional and that other pollution-control measures suffered from poor maintenance.

After previous protests failed to produce results, the villagers decided to hold a sit-in protest inside the local crematorium on August 2, 2026.

However, the police rejected their request for permission to hold the protest just hours before it was scheduled to commence. The villagers subsequently approached the High Court.

In its order, the Court held that the right to protest was protected under Articles 19(1)(a) and 19(1)(b) of the Constitution. It further observed that by protesting against alleged pollution, the villagers were fulfilling their fundamental duties under Articles 51A(a) and 51A(g).

"Such a protest cannot be nipped in the bud," the Court said.

Referring to a 2018 Supreme Court decision, Justice Lakshminarayanan noted that protests serve as an escape valve for societal pressures and that closing such avenues could lead to an implosion.

The Court observed that the villagers had adopted a rather unique form of protest after their earlier attempts to secure relief failed.

"To reject this attempt to draw the attention of the government by way of a sit-in protest cannot be nullified on the basis of general apprehensions that the third respondent suffers from," the Court said.

Accordingly, the Court quashed the police order and permitted the villagers to hold their protest at the Sitharkadu crematorium beginning from November 29, 2026.

However, the organisers have been directed to furnish a list of participants to the police in advance, maintain peace and ensure that funeral ceremonies or other rituals are not obstructed during the protest.

Advocate Ganapathieaswaran represented the petitioners.