S.Rajasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Rajasekaran ... Petitioner vs.

1.The District Collector, Tenkasi District, Tenkasi - 627 811.

2.The Deputy Director, Health Services, Collectorate Campus, Tenkasi -627 811.

3.The Block Medical Officer, Primary Health Center, Pavoorchatram, Tenkasi Taluk & District - 627 808.

4.The Block Development Officer, Keelapavoor Panchayat Union, @ Pavoorchatram, Tenkasi Taluk & District -627 808.

5.K.Subash

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to take appropriate action on petitioner's representation dated 03.11.2023 against the 5th respondent to shift his cattle farm, poultry and dairy farm which is prejudice to the health hazards and nuisance of petitioner his family and nearby 1/5

residents within a stipulated period as may be fixed by this Court. For Petitioner : Mr.S.Stalin Muthu For R1 to R4 : Mr.K.S.Selvaganesan Additional Government Pleader For R5 : Mr.N.Shyllappa Kalyan *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Writ of Mandamus to direct the 2nd and 3rd respondents to take appropriate action on petitioner's representation dated 03.11.2023 against the 5th respondent to shift his cattle farm, poultry and dairy farm which is prejudice to the health hazards and nuisance of petitioner his family and nearby residents within a stipulated period as may be fixed by this Court.

2.The fifth respondent is having a larger extent of 15 cents including a cattle farm and residential house. He is having more than 25 cows and is also having poultry farm and dairy farm. The petitioner's house is adjacent to the said cattle shed. The petitioner is annoyed by the nuisance created by the fifth respondent, since place is polluted (air and sound). 3.The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the said complaint reached the respondents. The official respondents visited the place and inspected the land and also advised the 2/5

fifth respondent to raise a wall. Based on the said advice, the fifth respondent has raised a wall. A photo is also submitted to this effect. The said photo is extracted here under:

4.As far as the pollution is concerned, rearing of cattle is not coming under any prohibited pollution. Therefore, the petitioner's request cannot be considered. Hence, the writ petition is dismissed. There shall be no order as to costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5

To:

1.The District Collector, Tenkasi District, Tenkasi - 627 811.

2.The Deputy Director, Health Services, Collectorate Campus, Tenkasi -627 811.

3.The Block Medical Officer, Primary Health Center, Pavoor Chatram, Tenkasi Taluk & District - 627 808.

4.The Block Development Officer, Keelapavoor Panchayat Union, @ Pavoorchatram, Tenkasi Taluk & District -627 808.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :13.06.2025 5/5