S. John, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.12783 of 2014 S.John ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Assistant Director (Town Panchayats) Tirunelveli Region, Tirunelveli 9 3.The Joint Director, Medical and Rural Health Services, Tuticorin.

4.The Regional Joint Director, Veterinary Department, Tuticorin.

5.The District Environment Engineer, Tamil Nadu Pollution Control Board, C7, C9, SIPCOT Industrial Estate, Meelavittan, Tuticorin.

6.The Executive Officer, Kayathar Town Panchayat, Tuticorin 7.Rathinasamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 6th respondent to ensure the petitioner and his neighbours healthy life and consequently direct the 5th respondent to vacate the 7th Respondent' s Poultry Farm situated in Tuticorin District Kovilpatti Taluk Kayatar Town Panchayat North Subramaniyapuram residential area its Survey No. 67/1A1A3 on the basis of the Petitioner's representation dated 22.02.2014 and the 5th Respondent' s Letter No. Ma Su Soo Na Po(khR #ehgt)/ Tha Ma Ka Va (jkhfth)/ Tuti (Jhb)/ Ko Puhar(Nfh.Gfhh;)/ 2014 dated 06.01.2014 according to law within stipulated time limit.

For Petitioner : Mr.Na.Palaniyandi For Respondents 1-4 : Mr.M.Govindan,Special Government Pleader. For 5th Respondent : Mr.C.Elaman For 6th Respondent : Mrs.S.Bharathi For 7th Respondent : Mr.S.Ramasamy https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) It is the grievance of the petitioner that there is a poultry farm causing pollution in the residential area. Hence, the petitioner made representation to the respondents for taking action in this regard. 2.When the matter came up for hearing, it is represented that pursuant to such representation, the fourth respondent has inspected the poultry farm and found that there is no pollution due to the existence of the poultry farm.

3.In such view of the matter, we are not inclined to go into the matter any further. It is for the authorities to take appropriate action, if there is a real cause of pollution.

4.With the above observation, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar sms To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Assistant Director (Town Panchayats) Tirunelveli Region, Tirunelveli 9 3.The Joint Director, Medical and Rural Health Services, Tuticorin.

4.The Regional Joint Director, Veterinary Department, Tuticorin.

5. The District Envirnment Engineer, Tamilnadu Pollution Control Board, C-7, C-9 SIPCOT industrial Eetate, Melavittan, Tuticorin.

6. The Exective Officer, Kayathar Town Panchayat, Tuticorin.

+1CC to Spl.Govenment Pleader SR.No.44001 +1CC to M/S.C.Elaman ADV.SR.No.43842 +1CC to M/S.Na.Palaniyandi ADV.SR.No.43496 +1CC to M/S.S.Ramasamy ADV.SR.No.43460 GJM 14.8.15- 2P/11C https://hcservices.ecourts.gov.in/hcservices/ Writ Petition (MD) No.12783 of 2014 Dated: 03.08.2015