M.Paramasivam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M.Paramasivam .. Petitioner Vs 1.The District Collector, Tiruppur, 2.The Deputy Director, The Town and Country Planning, Kumaran Road, 3.The Revenue Divisional Officer, Dharapuram, 4.The Tahsildar, Kangeyam Taluk,
5.The Divisional Engineer, Tamil Nadu Pollution Control Board, Tiruppur North, 6.The President, Sivanmalai Panchayat, 7.The Inspector, Tamil Nadu Food Safety and Standards Authority, No.428-431, Office of District Collector, 8.The Assistant Executive Engineer, WRO, Aliyar Sub Division, Pongalur, Tiruppur District.
9.The Block Development Officer, Panchayat Union Office, Kangeyam, 10.M/s.Saks and Kaaviyas Agro Process Industries, rep. by its Partner Komarasamy, No.15/165, Nallipalayam Padiyur, Kangeyam Taluk, Tiruppur.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents to forbear the 10th respondent from the illegal running of his livestock processing business situated in Re.Survey No.906/1 Sivanmalai Village,
Kangeyam Taluk, Tiruppur District by considering the petitioner representation dated 10.3.2024.
For the Petitioner : Mr.K.Myilsamy For the Respondents : Mr.Karthik Jagannath Government Advocate for respondents 1 to 4 & 8
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus forbearing respondent No.10 from illegally running the livestock processing business in Re.Survey No.906/1, Sivanmalai Village, Kangeyam Taluk, Tiruppur District.
2. Mr.K.Myilsamy, learned counsel for the petitioner, submitted that respondent No.10 has involved in the business of meat processing of all kinds of animals, cattle and livestock such as cows, oxen, bulls, fish, pigs etc. in Re.Survey No.906/1, Sivanmalai Village, Kangeyam Taluk. He would submit that as part of their business, respondent No.10 is packaging, preserving, importing and exporting their
processed products and due to operation of the meat processing business, several incidents of pollution arose in and around the village. In this regard, the villagers have submitted a representation on 10.03.2024 to the first respondent. Despite receipt of the said representation, the first respondent has not taken any action till date.
3. Mr.Karthik Jagannath, learned Government Advocate, who accepts notice on behalf of respondents 1 to 4 and 8, on instructions, submitted that the first respondent will consider and pass orders on the representation dated 10.03.2024 on merits and in accordance with law, after affording opportunity to all concerned.
4. Recording the submission made by learned Government Advocate and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing the first respondent to consider the representation dated 10.03.2024 and pass orders on merits and in accordance with law, after affording reasonable opportunity to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 03.06.2024 Index :
Yes/No Internet :
Yes/No NC :
Yes/No bbr To:
1.The District Collector, Tiruppur, 2.The Deputy Director, The Town and Country Planning, Kumaran Road, 3.The Revenue Divisional Officer, Dharapuram, 4.The Tahsildar, Kangeyam Taluk, 5.The Divisional Engineer, Tamil Nadu Pollution Control Board, Tiruppur North,
6.The President, Sivanmalai Panchayat, 7.The Inspector, Tamil Nadu Food Safety and Standards Authority, No.428-431, Office of District Collector, 8.The Assistant Executive Engineer, WRO, Aliyar Sub Division, Pongalur, Tiruppur District.
9.The Block Development Officer, Panchayat Union Office, Kangeyam,
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 03.06.2024