Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Palanisamy ... Petitioner Vs.

1.The District Collector Palladam Road Tiruppur District.

2.The Tahsildar Dharapuram Tiruppur District.

3.Zonal Deputy Director Animal Husbandary Department Tiruppur District.

4.The Revenue Divisional Officer Dharapuram Tiruppur District.

5.Malarvizhi 6.Aparna

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action against the fifth and sixth respondents from constructing or operating poultry farm in S.No.278/2, 279/1, situated at Aavarankattu Thottam, Pellampatti, Dharapuram Taluk, Tiruppur District, by considering the petitioner representation dated 24.09.2024.

For Petitioner : Mr.M.Arun For Respondents : Mr.G.Velu for R1 to R4 Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the respondents 1 to 4 to take action against the respondents 5 & 6 in respect of the proposed poultry farm in S.Nos.278/2 & 279/1 situated at Aavarankattuthottam, Pellampatti, Dharapuram Taluk, Tiruppur District, by considering his representation dated 24.09.2024.

2. It is case of the petitioner that the respondents 5 & 6 are taking steps to put up a poultry farm in the above mentioned survey numbers 2/5

in the above mentioned place. It is the specific case of the petitioner that the proposed poultry farm will come within the distance of 200 meters from the residential area of the village and the same is against the relevant rules framed by the Pollution Control Board. Therefore, the petitioner submitted a representation dated 24.09.2024 before the first respondent requesting him to take appropriate action against the respondents 5 & 6 and the same has not been considered. Hence, the petitioner is before this Court.

3. Mr.G.Velu, learned Additional Government Pleader takes notice for the respondents 1 to 4 would submit that the representation of the petitioner dated 24.09.2024 will be considered on its own merits, within a time frame fixed by this Court.

4. The allegation made by the petitioner against the respondents 5 & 6 cannot be gone into by this Court conveniently in writ jurisdiction. Therefore, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 24.09.2024 and pass final order, on its 3/5

own merits, within a period of 8 weeks from the date of receipt of copy of this order, after affording reasonable opportunity to the petitioner and the respondents 5 & 6.

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

05.11.2024 Index : Yes / No Internet : Yes / No dna To 1.The District Collector Palladam Road Tiruppur District.

2.The Tahsildar Dharapuram Tiruppur District.

3.Zonal Deputy Director Animal Husbandary Department Tiruppur District.

4.The Revenue Divisional Officer Dharapuram Tiruppur District.

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S.SOUNTHAR , J.

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