Mr.Ramalingam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HON'BLE MR.JUSTICE B. PUGALENDHI WP No.550 of 2021 Ramalingam

...Petitioner

Vs.

1. The Commissioner Coimbatore Corporation, Coimbatore.

2. The Assistant Engineer, Ward No.35, East Zone, Coimbatore.

3. M.Ramasamy

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st & 2nd respondents to take action on third respondent cow farm and acting in a manner that is detrimental to public health vide petitioner's application dated 21.10.2019.

For Petitioner : Mr.J.Venkatesa Perumal

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 1st & 2nd respondents to take action on third respondent cow farm and acting in a manner that is detrimental to public health vide petitioner's application dated 21.10.2019.

2. The grievance of the petitioner is that the third respondent is having a cow farm (35 cows) and causing nuisance to the petitioner, who is nearby resident. The learned counsel for the petitioner submits that the cows from the third respondent's cattle farm are putting dung obstructing the pathway of the petitioner and therefore this petitioner is not having any free and easy access to his property.

3. The photographs placed by the petitioner show that the place is an agricultural land, where the third respondent https://hcservices.ecourts.gov.in/hcservices/ Page numbers

seems to have a cattle farm. There is no requirement under the Act for obtaining any certificate from the Pollution Control Board authority to have a cow farm. The petitioner is not entitled for a mandamus, therefore the writ petition stands dismissed. If the petitioner is having any grievance with regard to accessing his property, it is open to him to seek an appropriate relief in the manner known to law. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar dpq To

1. The Commissioner Coimbatore Corporation, Coimbatore.

2. The Assistant Engineer, Ward No.35, East Zone, Coimbatore.

+1cc to Mr.J.Venkatesh Perumal, Advocate SR.1978 WP No.550 of 2021 CP(CO) CB(09/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers