Kaliyannan v. Tamilnadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE K. KUMARESH BABU and W.M.P.No.25935 of 2022 Kaliyannan

...Petitioner

Vs.

1.Tamil Nadu Pollution Control Board, By its Member Secretary, Guindy, Chennai.

2.The District Collector, Namakkal.

3.The District Engineer, Tamil Nadu Pollution Control Board, Namakkal.

4.The Chief Engineer, Water Resources Organization, Public Works Department, Chepauk, Chennai - 5.

5.The Joint Director, Animal Husbundry, Namakkal.

6.Govindasamy ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1 to 5 respondents to take action against the 6th respondent on the basis of petitioner representation dated 10.08.2022 to establish the new poultry farm in the Periyamanali Village, Thiruchengode Taluk, Namakkal District without obtaining NOC from the 1 to 5 respondents.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mrs.Shanmugavalli Sekar, Standing Counsel for R1 to R4 Mrs.V.Yamunadevei, Special Government Pleader for R5

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows:- To direct the respondents 1 to 5 to take action against the 6th respondent on the basis of the petitioner's representation dated 10.08.2022 to establish the new poultry farm in the Periyamanali Village, Thiruchengode Taluk, Namakkal District without obtaining NOC from the respondents 1 to 5.

2. Mrs.Shanmugavalli Sekar, learned counsel appearing for the Pollution Control Board, 1st respondent, would submit that the Board officials had inspected 2/5

the poultry unit of the 6th respondent on 10.11.2022 and found that it has been operating without consent under the Air (Prevention and Control of Pollution) Act and The Water (Prevention and Control of Pollution) Act. A notice has also been issued to the unit on 10.11.2022 seeking its explanation. The time granted under the said notice expires by 26.11.2022.

3. In view of the same, we dispose of the writ petition with a direction to the Pollution Control Board to pursue action taken to its logical conclusion. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M., J.) (K.B., J.) 25.11.2022 Index : Yes Internet : No Speaking order dsa 3/5

To 1.The Member Secretary, Tamil Nadu Pollution Control Board, Guindy, Chennai.

2.The District Collector, Namakkal.

3.The District Engineer, Tamil Nadu Pollution Control Board, Namakkal.

4.The Chief Engineer, Water Resources Organization, Public Works Department, Chepauk, Chennai - 5.

5.The Joint Director, Animal Husbundry, Namakkal.

4/5

R.SUBRAMANIAN, J.

AND K. KUMARESH BABU, J.

dsa 25.11.2022 5/5