M.Boopathi v. The Member Secretary Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Boopathi Petitioner(s) Vs 1.The Member Secretary, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tiruppur (South), Palladam, Tiruppur District.

3.Sivaselvi Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India seeking for an issuance of writ of mandamus, directing the 1 st and 2 nd respondents to take appropriate action to close the 3 rd respondent poultry farm namely (Myssoran Kaadu (Cozhippannai) for running without obtaining proper permission from

the 2 nd respondent as per environmental guidelines, notified by the Central Pollution Control Board dated Nil.01.2024 and by considering the petitioner's representation dated 13.09.2024 within the period that may be stipulated by this Court.

For Petitioner(s):

Mr.I.Calvin Jones For Respondent(s):

Mr.V.Gunasekar Standing Counsel for R1 and R2 Mr.P.Kalimuthu for R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the 1 st and 2 nd respondents to take appropriate action to close the 3 rd respondent poultry farm namely (Myssoran Kaadu (Cozhippannai) for running without obtaining proper permission from the 2 nd respondent as per environmental guidelines, notified by the Central Pollution Control Board by considering the petitioner's representation dated 13.09.2024.

2.

The Tamil Nadu Pollution Control Board conducted inspections at the third respondent poultry farm. They found that the third respondent is running poultry farm with 6,000 birds. Consent from the Pollution Control Board is necessary, if more than 25,000 birds are maintained in a poultry farm

in a single unit. If at all, any nuisance or inconvenience caused to the residents of that locality, they are at liberty to file appropriate complaint before the competent Authority. However, consent from the Pollution Control Board may not be required required as per the Rules in force. Granting liberty to the petitioner to approach the competent Authority, the Writ Petition stands disposed of. No costs.

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 21-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Member Secretary, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tiruppur (South), Palladam, Tiruppur District.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

veda 21-03-2025