T.Muthusamy v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.7989 of 2025 T.Muthusamy ... Petitioner Vs.
1.State of Tamil Nadu, Rep. by its Secretary, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Office of the Collectorate, Namakkal District - 637 003.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramathi Road, Thiruchengode Taluk and Post, Namakkal District - 637 211.
4.The Tahsildar, Office of the Tahsidlar, Thiruchengode, Namakkal District - 637 210.
5.The Block Development Officer (VP), Office of the Block Development Officer, Thiruchengode Taluk, Namakkal District - 637 210.
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6.The President, A.Eraiyamangalam Village Panchayat, A.Eraiyamangalam Post, Thiruchengode Taluk, Namakkal District - 637 210.
7.The Inspector of Police, Molasi Police Station, Thiruchengode Taluk, Namakkal District - 637 210.
8.M/s.Mayil White Pig Farm, Proprietor Mrs.Malliga 9.K.Gowri Shankar ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 6th and 7th respondents herein to remove the unauthorized piggery farms of the 8th and 9th respondents situated in S.No.188/1 at A.Erayamangalam Village, Thiruchengode Taluk, Namakkal District by the order of the 6th respondent dated 03.01.2025 For Petitioner :
M/S.A.Pramila For Respondents 1 to 4 :
Mr.M.Rajendiran, Additional Government Pleader For Respondents 5 to 6 :
Mr.G.Velu, Page No.2 of 8
Additional Government Pleader For Respondent 7 :
Mr.R.Kishore Kumar, Government Advocate (Crl.side)
O R D E R
The petitioner has filed this petition seeking to direct the 6th and 7th respondents herein to remove the unauthorized piggery farms of the 8th and 9th respondents situated in S.No.188/1 at A.Erayamangalam Village, thiruchengode Taluk, Namakkal District by the order of the 6th respondent dated 03.01.2025
2. The case of the petitioner is that the petitioner made a complaint against the respondents 8 & 9, who is running a piggery farms without obtaining any license from the sixth respondent. The petitioner has made several representation before the official respondents, however, no order has been passed. Hence, the petitioner has come forward with the present writ petition.
3. Learned counsel for the petitioner would submit that as per Rules 4 Page No.3 of 8
of Tamil Nadu Panchayats (Licensing Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996, the petitioner has to obtain license from the appropriate authority for running a piggery farm, however, in the case on hand, the respondents 8 & 9 has not obtained any license.
4. Learned counsel for the petitioner would further submit that as per Rule 6 of Tamil Nadu Panchayats (Licensing Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996 any pig found straying in any public place within the limits of the panchayat without the licence badge shall be liable to be seized by any person or persons authorised by the Executive Authority in that behalf.
5. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the sixth respondent has already issued an eviction notice dated 03.01.2025 to the respondents 8 & 9 for removing the unauthorized piggery farms.
6. Heard the learned counsel on either side and perused the materials Page No.4 of 8
available on record.
7. In view of the submission made by the learned counsel on either side, this Court directs the sixth respondent to remove the unauthorized piggery farms of the respondents 8 & 9 situated in S.No.188/1 at A.Erayamangalam village, Thiruchengode Taluk, Namakkal District, after giving due notice to the petitioner as well as respondents 8 & 9, affording an opportunity of personal hearing on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. If necessary, the sixth respondent may take the assistance of the local police/seventh respondent to carry out the above said exercise.
8. This writ petition is disposed of with the above observation and directions. No costs.
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Yes/No Speaking Order :
Yes/No :
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To:
1.The Secretary, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Office of the Collectorate, Namakkal District - 637 003.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramathi Road, Thiruchengode Taluk and Post, Namakkal District - 637 211.
4.The Tahsildar, Office of the Tahsidlar, Page No.6 of 8
Thiruchengode, Namakkal District - 637 210.
5.The Block Development Officer (VP), Office of the Block Development Officer, Thiruchengode Taluk, Namakkal District - 637 210.
6.The President, A.Eraiyamangalam Village Panchayat, A.Eraiyamangalam Post, Thiruchengode Taluk, Namakkal District - 637 210.
7.The Inspector of Police, Molasi Police Station, Thiruchengode Taluk, Namakkal District - 637 210.
J.SATHYA NARAYANA PRASAD,J.
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