R.S.Mohanraj v. State Of Tamilnadu Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ R.S.MOHANRAJ .. Petitioner Vs 1 THE STATE OF TAMIL NADU REP. BY DIRECTOR DEPARTMENT OF ENVIRONMENT NO.1, JEENISH ROAD, PANAGAL BUILDING SAIDAPET, CHENNAI - 600015.
2 THE ENGINEER, DISTRICT POLLUTION CONTROL BOARD TAMIL NADU POLLUTION CONTROL BOARD TIRUPPUR SOUTH, TIRUPPUR.
3 THE ASSOCIATE CHIEF ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD 4TH FLOOR, NO.34, BHARATHI PARK 8TH CROSS SAIBABA COLONY, COIMBATORE - 641011.
4 THE DISTRICT COLLECTOR TIRUPPUR.
5 GK FARMS REPRESENTED BY ITS PROPRIETRIX, K.KAVITHA NO.353/1, 353/1A, 353/1B, RAMACHANDRAPURAM ANIKADAVU VILLAGE, UDUMALAI TALUK TIRUPPUR - 20.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 and 4 to consider the representations dated 21.12.2022 and 23.12.2022 and the respondents 2nd to 4th herein to inspect the poultry farm of the 5th respondent and ascertain as to whether the requisite precautions and procedures for establishing and running a poultry farm in accordance with Water and Air Pollution Acts have been complied with and in default to initiate action as per the procedures laid down under the said Acts and Rules.
For the Petitioner : Mr.P.Ayya Swamy For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondent 1 and 4 : Ms.Shanmugavalli Sekar for respondents 2 and 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.P.Ayya Swamy, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and 4; and Ms.Shanmugavalli Sekar, learned counsel for respondents 2 and 3.
2. Alleging that the fifth respondent is running a poultry farm in gross violation of all the norms, the petitioner sent
representations to the respondent authorities on 21.12.2022 and 23.12.2022. As the said representations, did not evoke any response, the petitioner has filed this writ petition.
3. Considering the narrow scope of the prayer made in the writ petition, without going into the merits of the matter, the respondent authorities are directed to consider the representations dated 21.12.2022 and 23.12.2022 sent by the petitioner, purely on merits, and pass appropriate orders within a period of eight weeks, of course after giving an opportunity of hearing to the petitioner as well as the fifth respondent.
The writ petition is disposed of accordingly. There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 12.06.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1 THE DIRECTOR STATE OF TAMIL NADU DEPARTMENT OF ENVIRONMENT NO.1, JEENISH ROAD, PANAGAL BUILDING SAIDAPET, CHENNAI - 600015.
2 THE ENGINEER, DISTRICT POLLUTION CONTROL BOARD TAMIL NADU POLLUTION CONTROL BOARD TIRUPPUR SOUTH, TIRUPPUR.
3 THE ASSOCIATE CHIEF ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD 4TH FLOOR, NO.34, BHARATHI PARK 8TH CROSS SAIBABA COLONY, COIMBATORE - 641011.
4 THE DISTRICT COLLECTOR TIRUPPUR.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 12.06.2024