S.Ramasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P No. 14320 of 2925 S. Ramasamy ... Petitioner Vs.
1. The District Collector, Collectorate, Namakkal, Namakkal District.
2. The District Environmental Engineer Tamil Nadu Pollution Control Board, District Collectorate Campus, Near RTO Office, Namakkal- 637 003.
3. The Regional Joint Director, Department Of Animal Husbandry, District Collectorate Campus, Nallipalayam Post- 637 003. Namakkal.
4. The Block Development Officer Puduchatram Panchayat, Puduchatram, Namakkal Taluk, Namakkal District.
5. Ponnusamy, Son Of Nallaiya Gounder, Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
6. Yasodha Devi, W/o. Ponnusamy, Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
7. Logesh Rajan, Son Of Ponnusamy Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 7 for constructing an unauthorized and illegal Poultry Farm Business in the property comprised in Survey No.81/2 of Thanathampatti Village, Makkalpudur, Namakkal Taluk, Namakkal District in accordance to the guidelines made by the Central Pollution Control Board, January 2022 by considering the representation dated 27.01.2025. For Petitioner(s):
Mr. P.Navaneethakrishnan for Mr.K.S.Jeyaganeshan For Respondent(s):
Mr. M.Venkateswaran, Special Government Pleader for R1 and R3 Mr.V.Gunasekar, Standing Counsel for second respondent Mr.E.Sundaram, Government Advocate for fourth respondent - - - - -
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 7 for constructing an unauthorized and illegal Poultry Farm Business in the property comprised in Survey No.81/2 of Thanathampatti
Village, Makkalpudur, Namakkal Taluk, Namakkal District in accordance to the guidelines made by the Central Pollution Control Board, January 2022 by considering the representation dated 27.01.2025.
2. The learned counsel for the petitioner submitted that the 5th respondent and his family members have already running a Poultry Farm, within 100 meters distance from the house of the petitioner. It is alleged that the respondents 5 to 7 have not properly buried the dead birds, which creates health hazard to the nearby people and the feathers of the dead chicken used to fly in the air and bad smell continuously emanating from it. He also submitted that, now the respondents 5 to 7 have started to construct another poultry farm, which is against the guidelines issued by the Government. Hence, the petitioner has given a representation dated 27.01.2025 to the 2nd respondent to take appropriate action against the respondents 5 to 7 and in reply to the same the 2nd respondent sent a reply to the petitioner, stating that the respondents 5 to 7 were advised to dispose the waste in an appropriate manner. Despite the same, the respondents 5 to 7 are continuing to construct the Poultry Farm, thereby causing nuisance and disturbances to the residents. Hence this writ petition.
3. The learned Standing Counsel appearing for the second respondent submitted that already the Poultry Farm run by the respondents 5 to 7 was inspected by the authorities concerned and necessary instructions were given to
them to dispose the dead birds and solid waste in proper manner, as per the guidelines issued by the Pollution Control Board.
4. According to the petitioner, despite instructions were given by the authorities concerned, the respondents 5 to 7 are continuing the construction of the unauthorized and illegal poultry farm. Hence, in this regard, the 2nd respondent is directed to take appropriate action in the manner known to law, after affording opportunity of personal hearing to the petitioner as well as the respondents 5 to 7 and pass orders, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above observations and directions, this writ petition is disposed of. There shall be no order as to costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 17.06.2025 mst To
1. The District Collector, Collectorate, Namakkal, Namakkal District.
2. The District Environmental Engineer Tamil Nadu Pollution Control Board, District Collectorate Campus, Near RTO Office, Namakkal- 637 003.
3. The Regional Joint Director, Department Of Animal Husbandry, District Collectorate Campus, Nallipalayam Post- 637 003. Namakkal.
4. The Block Development Officer Puduchatram Panchayat, Puduchatram, Namakkal Taluk, Namakkal District.
5. Ponnusamy, Son Of Nallaiya Gounder, Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
6. Yasodha Devi, W/o. Ponnusamy, Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
7. Logesh Rajan, Son Of Ponnusamy Thanathampatti Village, Makkalpudur, Kolathupalayam Post, Namakkal Taluk, Namakkal District.
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
mst W.P No. 14320 of 2025 17-06-2025