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Madras High CourtWP(MD)/8007/2026dismissed

S.Kasthuribai v. The District Collector/Inspector Of Panchayats,

2026-03-25Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)No.6550 of 2026 S.Kasthuribai ... Petitioner vs.

1.The District Collector/ Inspector of Panchayats, Theni District, Theni.

2.The Tahsildar, 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Theni District.

4.The Regional Joint Director, Animal Husbandry Department, Combined Office Building (Collectorate Campus), Theni - 625 531.

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5.The Block Development Officer, 6.The Secretary, Melmangalam Village Panchayat, Melmangalam Village, Periyakulam Taluk, Theni District.

7. M/s.Navee Poultry Farm, 6/14A, Chettipalayam Main Road, Pappampatti, Coimbatore - 641 016, Through its Partner.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing respondents No.1 to 6 from permitting the seventh respondent to start and run the poultry Farm in S.Nos.1357/1, 1356/1B and 1356/2B of Melmangalam Bit-I Village, For Petitioner : Mr.K.K.Kannan For Respondents : Mr.S.P.Maharajan (R1, R2 & R4) Special Government Pleader : Ms.Madhuri Donti Reddy (R3) Standing Counsel : Mr.P.Thilak Kumar (R5) Government Pleader : Mr.R.N.Ramprasath (R7) for Mr.Paranjothi 2/8

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking to forbear the respondents 1 to 6 from permitting the seventh respondent to establish and run a poultry farm in S. Nos. 1357/1, 1356/1B and 1356/2B of Melmangalam Bit-I Village, Periyakulam Taluk, Theni District. 2.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for respondents 1, 2 and 4; Ms. Madhuri Donti Reddy, learned Standing Counsel, accepts notice for the third respondent; Mr.P.Thilak Kumar, learned counsel, accepts notice for the fifth respondent; and Mr.R.N.Ramprasath, learned counsel, accepts notice for the seventh respondent.

3.The grievance of the petitioner is that she, being a resident of Melmangalam Village and a Board Member of SVPKS Plantation Private Limited engaged in agricultural activities, along with other villagers who are 3/8

predominantly dependent on farming and cattle rearing in the vicinity of Vaigai Dam, is aggrieved by the proposed establishment of a poultry farm by the seventh respondent in the adjacent lands comprised in S. Nos. 1345, 1355, 1356/1, 1356/2 and 1357/2 of Melmangalam Bit-I Village, 4.According to the petitioner, a similar poultry farm previously operated in the area had resulted in cattle deaths and environmental degradation, leading to its closure following public protests. It is further contended that, despite representations dated 25.08.2025 and 27.02.2026, no action has been taken by the authorities, and the third respondent has allegedly granted "Consent to Establish" without proper inspection or adherence to due process.

5.The petitioner further alleges that the proposed poultry farm is in violation of the applicable pollution control guidelines and poses a serious threat to the environment, public health, and livestock in the locality. Hence, 4/8

the present Writ Petition has been filed seeking appropriate directions to restrain the seventh respondent and to protect the livelihood and health of the villagers.

6.Heard the learned counsel appearing on either side and perused the materials available on record.

7.Admittedly, necessary permission has been accorded, and the Pollution Control Board has also granted "Consent to Establish" vide proceedings dated 26.08.2025. In the absence of any challenge to the said consent order and without pointing out any specific violation in the grant of licence, the petitioner cannot, as a matter of right, seek a direction to restrain the establishment or operation of the poultry farm. 8.Insofar as the alleged irregularities in the grant of licence/consent are concerned, it is open to the petitioner to challenge the same in the manner known to law.

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9.In view of the above, we do not find any merit in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [N.S.K.,J.] [M.J.R.,J.] 25.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 6/8

To 1.The District Collector/ Inspector of Panchayats, Theni District, Theni.

2.The Tahsildar, 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Theni District.

4.The Regional Joint Director, Animal Husbandry Department, Combined Office Building (Collectorate Campus), Theni - 625 531.

5.The Block Development Officer, Periyakulam Taluk, Theni District.

6.The Secretary, Melmangalam Village Panchayat, Melmangalam Village, Periyakulam Taluk, Theni District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 25.03.2026 8/8