M.Prabhu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.13992 of 2025 1.M.Prabhu 2.P.Selvam .. Petitioners Vs.
1.The District Collector, O/o.the District Collector, Trichy District.
2.The Tahsildar, Thottiyam Taluk, Trichy District.
3.The Block Development Officer, Thottiyam Taluk, Trichy District.
4.The Village Administrative Officer, Nagayanallur, Thottiyam Taluk, Trichy District.
5.The Panchayat Secretary, Nagayanallur, Thottiyam Taluk, Trichy District.
1/5
6.Manjutha .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 7 to forbear the 8th respondent from constructing and operating poultry farm in S.Nos. 659/7, 670/2A, 671/1A, 5A, 5B and 670/2A, 669/21 and 670/2A, considering the petitioner's representations dated 30.11.2024 and 05.05.2025 within the period that may be stipulated by this Court.
For Petitioners : Mr.H.Mohamed Imran for M/S.Ajmal Associates For Respondents : Mr.M.Lingadurai (for R1, 2 & 4) Special Government Pleader Mr.K.R.Badrus Zaman (for R3 & R5) Government Advocate Mr.R.Ponkarthikeyan (for R6)
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondents 1 to 7 to forbear the 8th respondent from constructing and operating poultry farm in S.Nos.659/7, 670/2A, 671/1A, 5A, 5B and 670/2A, 669/21 and 670/2A, considering the petitioner's representations dated 30.11.2024 and 05.05.2025 2/5
2.Admittedly, the properties in S.Nos.659/7, 670/2A, 671/1A, 5A, 5B and 670/2A, 669/21 and 670/2A, situated at Nagayanallur, Thottiyam Taluk, Trichy District, belong to the sixth respondent. The sixth respondent took steps to put up poultry farm and he purchased all the constructions materials. At this stage, the petitioner has submitted his objection to the first respondent. Initially, the third respondent has given No Objection Certificate on 05.03.2025, in Na.Ka.No.Aa3/207/2025. Thereafter, based on the petitioner's objections, the said No Objection Certificate was cancelled vide order dated 08.05.2025, in Na.Ka.Aa3/1346/2025. As far as pollution control is concerned, the authorities have stated that, unless permission is obtained from the Pollution Control Board, a poultry farm cannot be established.
3.After hearing the rival submissions, this Court is of the considered opinion that the sixth respondent without obtaining prior permission from the Pollution Control Board and Block Development Officer cannot establish Poultry farm. Since it is only at the initial stage, the sixth respondent is directed to approach the concerned authority to get license, no objection certificate and prior permission etc., The respondents 1 to 5 are hereby directed to consider the sixth respondent's application in accordance with law. 3/5
4.With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To 1.The District Collector, O/o.the District Collector, Trichy District.
2.The Tahsildar, Thottiyam Taluk, Trichy District.
3.The Block Development Officer, Thottiyam Taluk, Trichy District.
4.The Village Administrative Officer, Nagayanallur, Thottiyam Taluk, Trichy District.
5.The Panchayat Secretary, Nagayanallur, Thottiyam Taluk, Trichy District.
4/5
S.SRIMATHY , J.
vsg ORDER MADE IN DATED : 04.07.2025 5/5