Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM:

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

1.The District Collector Palladam Road Tiruppur District.

2.The Tahsildar Dharapuram Tiruppur District.

3.Zonal Deputy Director Animal Husbandry Department Tiruppur District.

4.The Revenue Divisional Officer Dharapuram Tiruppur District.

5.Saratha Mani

...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 respondent and prevent from operating and construction poultry farm in S.No.1165, situated at Manoorpalayam Village, Dharapuram Taluk, Tiruppur District, by considering the petitioner representation dated 24.09.2024.

For Petitioner : Mr.M.Arun For Respondents : Mr.S.Balamurugan for R1 to R4 Government Advocate Mr.P.Muthukumaarasaamy for R5

ORDER

The petitioner herein seeks a direction to the respondents 1 to 4 to take action against the fifth respondent and to prevent him from operating and constructing poultry farm in S.No.1165, situated at Manoorpalayam Village, Dharapuram Taluk, Tiruppur District, by considering his representation dated 24.09.2024.

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2. It is the case of the petitioner that the fifth respondent is running a poultry farm in the above mentioned village and the same causes health hazards to residents of the village. Therefore, the petitioner submitted a representation before the first respondent on 24.09.2024 seeking action against the fifth respondent and the same has not been considered. Hence, the petitioner is before this Court.

3. Mr.S.Balamurugan, learned Government Advocate takes notice for the respondents 1 to 4 and Mr.P.Muthukumaarasaamy, learned counsel takes notice for the fifth respondent.

4. The learned counsel for the fifth respondent produced an order passed by the District Environmental Engineer dated 14.10.2024 in his letter No.02899/g[Jhh;-khRR{bgh-jehkhfth-jpUg;g{h;(bj)-2024. wherein, the allegations made against the fifth respondent by the members of the public were considered and certain guidelines were issued. 3/6

5. A reading of the communication from the District Environmental Engineer would suggest that the fifth respondent has been permitted to run the poultry farm as per the guidelines issued by the Pollution Control Board and the number of chicks in the farm is only 1100. The District Environmental Engineer also issued certain guidelines to the fifth respondent in his communication.

6. In view of the fact that the allegations made by the petitioner were already considered by the Competent Authority namely District Environmental Engineer, this Court is not inclined to issue any direction to the respondents 1 to 4. However, in case of any violation of guidelines issued by the District Environmental Engineer vide communication dated 14.10.2024, it is open to the petitioner to approach the very same Authority for redressal of his grievance.

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7. With these clarification, 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.The Zonal Deputy Director Animal Husbandry Department Tiruppur District.

4.The Revenue Divisional Officer Dharapuram Tiruppur District.

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S.SOUNTHAR , J.

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