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Madras High CourtWP/7589/2016dismissed

P.Rajendran, v. The District Collector,

2020-01-10Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.7589 of 2016 and WMP No.6822 of 2016 P.Rajendran ...

Petitioner Vs

1. The District Collector, Ariyalur District, Ariyalur.

2. The Divisional Joint Director, Animal Husbandry department, Ariyalur, Ariyalur District.

3. The Deputy Director of Public Health, Government Hospital, Ariyalur, Ariyalur District.

4. The President, Variyankaval Panchayat, Udayarpalayam Taluk, Ariyalur District.

5. Santha ....

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the respondents 1 to 4 from allowing the fifth respondent to start and run the poultry farm in Near Murugan Saw Mill, Thidirkuppam, Variyankaval Post, Udayarpalayam Taluk, Ariyalur District.

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For petitioner : Mr.C.Prakasam For respondents : Mr.R.S. Selvam Government Advocate for RR1 to 4 Ms.M.Senthil Vadivu for R5

ORDER

This writ petition has been filed for a Mandamus to forbear the respondents 1 to 4 from allowing the fifth respondent to start and run the poultry farm Near Murugan Saw Mill, Thidirkuppam, Variyankaval Post, Udayarpalayam Taluk, Ariyalur District.

2. It is the case of the petitioner that the aforementioned poultry farm is run by the fifth respondent adjoining the residence of the petitioner.

3. According to the petitioner, the poultry farm has been set up without following the procedure established under law and is being run in a residential area.

4. Aggrieved by the running of the poultry farm near the residence of the petitioner, this writ petition has been filed.

5. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.R.S. Selvam, learned Government Advocate appearing for respondents 1 to 4 and Ms.M.Senthil Vadivu, learned counsel for the fifth respondent.

6. The third respondent has filed his counter affidavit, wherein the Deputy Director of Public Health, Government Hospital, Ariyalur District has categorically stated that the fifth respondent is having a valid licence for running a poultry farm and he has complied with all the statutory requirements that are required for running a poultry farm.

7. In view of the said categorical statement the apprehensions raised by the petitioner in this writ petition is unsustainable.

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8. For the foregoing reasons, there is no merit in this writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi2 To

1. The District Collector, Ariyalur District, Ariyalur.

2. The Divisional Joint Director, Animal Husbandry department, Ariyalur, Ariyalur District.

3. The Deputy Director of Public Health, Government Hospital, Ariyalur, Ariyalur District.

4. The President, Variyankaval Panchayat, Udayarpalayam Taluk, Ariyalur District.

+2cc to Mr.C.Prakasam, Advocate sr.2910 & 4104 +1cc to M/s.M.Senthil Vadivu, Advocate sr.2550 +1cc to Government Pleader SR.NO. 3195 W.P. No.7589 of 2016 cp(co) nr 17/02/2020 3/3