S.Deivasigamani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2023
CORAM
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN THE HON'BLE MRS. JUSTICE R. KALAIMATHI & W.M.P. No. 12334 of 2023 S. Deivasigamani ..Petitioner Vs.
1.
The District Collector, Office of the District Collectorate, Palladam Road, Tiruppur District.
The Revenue Divisional Officer, Revenue Divisional Office, Dharapuram, Tiruppur District.
The Superintending Engineer, Office of the Superintending Engineer (TNEB), Palladam, Tiruppur District.
Pradeep Kumar Srividhya ..Respondents 1\6
Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing respondents 1 to 3 herein to take appropriate action against respondents 4 & 5 from illegal functioning of poultry/breeding farm in Survey No.102/1, 102/2A, 104/1, 104/2, 139/1A, 104/1B, 104/2A, 104/2C, 138, 139, Chinnakkampalayam Village, Dharapuram Taluk, Tirupur based on the representation of the petitioner dated 30.03.2023.
For Petitioner ::
Mr.P. Saravana Sowmiyan For Respondents ::
Mr.P. Muthukumar, State Government Pleader for R1 to R3
O R D E R
S. VAIDYANATHAN,J.
R. KALAIMATHI,J.
The present writ petition has been filed for issue of a Writ of Mandamus directing respondents 1 to 3 herein to take appropriate action against respondents 4 & 5 from illegal functioning of poultry/breeding farm 2\6
in Survey No.102/1, 102/2A, 104/1, 104/2, 139/1A, 104/1B, 104/2A, 104/2C, 138, 139, Chinnakkampalayam Village, Dharapuram Taluk, Tirupur based on the representation of the petitioner dated 30.03.2023. Since we are not passing any adverse orders against respondents 4 & 5, without notice to respondents 4 & 5, the writ petition is disposed of. The case of the petitioner is that the 4th and 5th respondents, who are engaged in the business of running poultry farms, in Chinnakkampalayam Village, Tiruppur, are not resorting to proper disposal of waste from poultry farms thereby causing serious health hazards to the nearby residents and in spite of resolution passed by the residents in the presence of revenue authorities and the private respondents, they have further constructed breeding poultry farms in Survey Nos.
102/1, 102/2A, 104/1, 104/2, 139/1A, 104/1B, 104/2A, 104/2C, 138, 139, Chinnakkampalayam Village, Dharapuram Taluk, Tirupur.
Collector in spite of representations given, more so, the representation dated 30.03.2023. Hence, the present writ petition. We do not want to go into the various averments mentioned in the affidavit filed in support of the writ petition. Since the representation of the petitioner dated 30.03.2023 is pending with the 1st respondent/District Collector, Tiruppur, after hearing the 2nd and 3rd respondents as well as Tamil Nadu Pollution Control Board, Tiruppur and obtaining reports from the authorities concerned, besides hearing 4th and 5th respondents, the 1st respondent is expected to pass appropriate orders. The 2nd respondent is expected to file a report to the first respondent as to whether any permission/licence has been obtained by private respondents from appropriate authorities for running poultry farms.
in order to enable the 1st respondent to pass appropriate orders within a period of one month thereafter.
The writ petition is disposed of with the above directions. No costs. Connected W.M.P. is closed.
(S.V.N.J.) (R.K.M.J.) nv 25.04.2023 To 1.
The District Collector, Office of the District Collectorate, Palladam Road, Tiruppur District.
The Revenue Divisional Officer, Revenue Divisional Office, Dharapuram, Tiruppur District.
S. VAIDYANATHAN,J.
R. KALAIMATHI,J.
5\6
nv The Superintending Engineer, Office of the Superintending Engineer (TNEB), Palladam, Tiruppur District.
The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tiruppur.
25.04.2023 6\6