K.Venkatachalam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Venkatachalam : Petitioner Vs 1.The District Collector Tiruppur District, Tiruppur 2.The Deputy Director of Health Dharapuram, Tiruppur District.

3.The Executive Officer Rudravathi Town Panchayat Rudravathi Kundadam Post Dharapuram Taluk Tiruppur District.

4.Ravichandran : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to take appropriate action against the 4th respondent for illegal construction for starting and running the poultry farm in S.F.Nos.762/2, 781/1, 782/2, 782/3 763/2A and 782/4A, kundadam village, Dharapuram taluk, Tiruppur District.

For the Petitioner :

Mr.C.Prakasam For Respondents 1 & 2 :

Mr.P.Muthukumar, State Government Pleader For Respondent No.4 :

Mr.R.Balakrishnan

No appearance for the third respondent

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Prakasam, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 and 2 and Mr.R.Balakrishnan, learned counsel appearing for the fourth respondent.

2. The learned counsel for the petitioner submits that a poultry farm is run by the fourth respondent without obtaining any consent from the Pollution Control Board. No license is also produced. The poultry farm is run in an unhygienic manner, thereby causing many health hazards.

3. The learned counsel for the fourth respondent submits that consent to operate a poultry farm is not required if the poultry farm has less than one lakh birds.

4. A communication dated July 19, 2017 of the Central Pollution Control Board is placed on record. Such communication states that poultry farm having

less than one lakh birds need not obtain consent to operate.

5. In light of that, we do not find any merit in the writ petition. The writ petition is dismissed. There shall be no order as to costs. Consequently, WMP No.4051 of 2020 is closed.

6. If in case the poultry farm violates any rules, regulations or policies, then the authorities can take appropriate action.

(S.V.G., CJ.) (D.B.C., J.) 05.01.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruppur District, Tiruppur 2.The Deputy Director of Health Dharapuram, Tiruppur District.

3.The Executive Officer Rudravathi Town Panchayat Rudravathi Kundadam Post Dharapuram Taluk Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.01.2024