← Library
Madras High CourtWP/24644/2023disposed of

T.Muthusamy v. The District Collector

2023-08-22Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24644 of 2023 T.Muthusamy

...Petitioner

Vs.

1.The District Collector, The District Collectorate, Nallipalayam Post, Namakkal, Namakkal District - 637 003.

2.The Superintendent of Police, Office of the Superintendent of Police, Nallipalayam Post, Namakkal, Namakkal District - 637 003.

3.The Deputy Director, District Veterinary Hospital, Trichy Main Road, Aandavar Nagar East, Namakkal District - 637 001.

4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer Paramththi Road, Thiruchengode Taluk and Post, Namakkal District - 637 211.

1/6

5.The Thasildar, Office of the Thasildar, Thiruchengode, Namakkal District - 637 210.

6.The Block Development Officer, Office of the Block Development Officer, Thiruchengode, Namakkal District - 637 210.

7.The President, A.Iraiyamangalam Village Panchayat, A.Iraiyamangalam Post, Thiruchengode, Namakkal District - 637 210.

8.Mr.Sivanandham

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 6 & 7 to remove the pig farm in A.Irayasmangalam, Village and Post, Thiruchengode Taluk, Namakkal District, based on the representation of the petitioner dated 08.07.2023.

For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mr.C.Selvaraj for R1, R3 to R5 Additional Government Pleader 2/6

: Mr.C.E.Pratap for R2 Government Advocate : Ms.P.Vijayadevi for R6 & R7 Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 6 and 7 to remove the pig farm in A.Irayasmangalam, Village and Post, Thiruchengode Taluk, Namakkal District, by considering his representation dated 08.07.2023.

2. According to the petitioner, he is engaged in agriculture and residing in the A.Irayasmangalam Village. The Punjai land is situated in S.No.188/1 in the above said Village and registered in the name of Loganathan and others. The eighth respondent herein, without obtaining necessary license from the seventh respondent and also permission from the other respondents is running a pig farm in the said land which is causing nuisance and health hazards to the neighbours. The nuisance and health hazards caused by the pig farm of the eighth respondent, which is functioning without proper license, was brought to the notice of the respondents by the representation of the petitioner dated 08.07.2023 and the same has not been considered till date. 3/6

3. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for respondents 1, 3 and 5 and Mr.C.E.Pratap, learned Government Advocate takes notice for the second and fourth respondents and Ms.P.Vijayadevi, learned Government advocate takes notice for respondents 6 and 7.

4. Though, the petitioner sought for a positive direction to the respondents 6 & 7 to remove the big farm in S.No.188/1, this Court is not inclined to issue such a direction to the respondents 6 & 7. However, in view of the grievance raised by the petitioner that the above said pig farm is functioning without proper license and without permission from the authorities, the seventh respondent herein is directed to consider the representation of the petitioner dated 08.07.2023 and pass final orders on merits and in accordance with law, after issuing notice to the eighth respondent within a period of six weeks from the date of receipt of copy of this order.

4/6

5. With the above direction, this Writ Petition is disposed of. No costs.

22.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The District Collector, The District Collectorate, Nallipalayam Post, Namakkal, Namakkal District - 637 003.

2.The Superintendent of Police, Office of the Superintendent of Police, Nallipalayam Post, Namakkal, Namakkal District - 637 003.

3.The Deputy Director, District Veterinary Hospital, Trichy Main Road, Aandavar Nagar East, Namakkal District - 637 001.

4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer Paramththi Road, Thiruchengode Taluk and Post, Namakkal District - 637 211.

5/6

S.SOUNTHAR , J.

dna 5.The Thasildar, Office of the Thasildar, Thiruchengode, Namakkal District - 637 210.

6.The Block Development Officer, Office of the Block Development Officer, Thiruchengode, Namakkal District - 637 210.

7.The President, A.Iraiyamangalam Village Panchayat, A.Iraiyamangalam Post, Thiruchengode, Namakkal District - 637 210.

W.P No.24644 of 2023 22.08.2023 6/6