T. Mari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.16861 of 2020 and W.M.P.(MD)No.14094 of 2020 T.Mari

...Petitioner

/Vs./ 1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Officer, Selection Grade Town Panchayat, Thiruppathur, Sivagangai District.

3.The Assistant Environment Engineer, Tamil Nadu Pollution Control Board, Sivagangai District, Sivagangai.

4.The Deputy Director of Health Services, Public Health and Preventive Medicine Dept., Sivagangai District, Sivagangai.

5.A.Raman

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to remove or shift pig farm and drainage storage maintained by the 5th respondent in Kamarajar Colony, Chettiya Theru, Thiruppathur, Sivagangai Dt situated 1/4

adjacent for the petitioner's residential house in violation the provisions of Tamil Nadu Public Health Act 1939 to some other non residential area. For Petitioner : Mr.S.Bharathy Kannan For Respondents : Ms.S.Jeyapriya (R1, R2 & R4) Government Advocate Ms.Vijayakumari Natarajan (R3) Mr.N.Madhavagovindan (R5)

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the official respondents to remove the pig farm that is maintained by the fifth respondent in the subject property without getting any licence and in violation of the provisions of the Tamil Nadu Public Health Act 1939. 2.

The learned Government Advocate appearing for the official respondents submitted that the steps will be taken to remove the pig farm that is being run by the fifth respondent.

3. In light of the specific stand by the learned Government Advocate, there shall be a direction to the second respondent to proceed further to initiate action for the removal of pig farm that is being run by the fifth respondent in the 2/4

subject property and it will be ensured that no further pollution is caused in the residential place by the fifth respondent. This process shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

06.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No TO:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Officer, Selection Grade Town Panchayat, Thiruppathur, Sivagangai District.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.16861 of 2020 Dated:

06.10.2023 4/4