Sivasakthi.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL and W.M.P(MD)No.25341 of 2023 R.Sivasakthi .. Petitioner vs 1.The District Collector, District Collectorate, Dindigul.
2.The Tahsildar, Dindigul West Taluk, Dindigul.
3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Dindigul.
4.The Joint Director, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Dindigul.
5.Vijayalakshmi .. Respondents 1/12
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 4 to forbear from granting permission permanently to the fifth respondent for restarting poultry farming business in Alagupatti Village, Theppakulathupatti Post, Dindigul and consequently to direct the first respondent to cancel the license which was granted to the fifth respondent in respect to the poultry farm business in accordance with law, based on the petitioner's representation dated 10.11.2023. For Petitioner : Mr.S.Ramanathan For Respondent Nos.1, 2 & 4 : Mr.P.Thilak Kumar Government Pleader For Respondent No.3 : Ms.M.Sudharani for Ms.Vijayakumari Natarajan Standing Counsel
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned matter has been filed in this Court on 08.12.2023. Captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed as a 'Public Interest Litigation' [hereinafter 'PIL' for the sake of convenience and clarity]. Captioned 'Writ Miscellaneous Petition' shall hereinafter be referred to as 'WMP' for the sake of brevity].
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2.Factual matrix in a nutshell is that subject matter pertains to a 'poultry farm in Alagupatti Village, Theppakulathupatti Post, Dindigul District' [hereinafter 'said poultry farm' for the sake of convenience and clarity]; that said poultry farm is intensive, it leads to emissions impacting various environmental compartments; that PIL petitioner is concerned for cattle in the vicinity; that there has been death of as many as 22 cows in the past is PIL petitioner's say; that this is also affecting the livelihood of the local populous / citizenry is PIL petitioner's further say; that said poultry farm was closed by orders of Governmental authorities but efforts are under way to restart said poultry farm; that PIL petitioner has sent a 'representation dated 10.11.2023' [hereinafter 'said representation' for the sake of convenience and clarity] in this regard; that captioned main matter has been filed with a Mandamus prayer to forbear recommencement of said poultry farm.
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3.In the Admission Board hearing today, Mr.S.Ramanathan, learned counsel for PIL petitioner reiterated the aforesaid factual matrix and submitted that efforts are under way to resuscitate said poultry farm. Learned counsel submitted that as there has been past records of cattle being afflicted and causing death of the same, such a move would adversely affect local populous / citizenry.
4.Issue notice to official respondents.
5.Mr.P.Thilak Kumar, learned Government Pleader of State of Tamil Nadu, accepts notice for respondents 1, 2 and 4 and Ms.M.Sudharani, learned counsel representing Ms.Vijayakumari Natarajan, who is Standing Counsel for 'Tamil Nadu Pollution Control Board' [hereinafter 'TNPCB' for the sake of brevity] accepts notice for third respondent.
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6.Learned State Counsel submitted that said poultry farm has not been operational for over six months now. Learned Government Pleader also submitted, on instructions, that death of cattle occurred in a two-year time frame between April 2021 and April 2023. It was also submitted by learned State Counsel that thereafter there has been no death of cattle and situation is now being monitored. It was submitted that after making an inspection and study of the impact of said poultry farm, examination reports (Ma;twpf;iffs;) will be taken into account before considering resuscitation of said poultry farm if at all and if that be so in April 2024. Learned State Counsel has placed before us proceedings of fourth respondent dated 23.11.2023 bearing reference Na.Ka.No.2041/A3/2023 which captures aforementioned submissions. 7.Before we proceed further, we deem it appropriate to scan and reproduce the entire said representation ie., representation dated 10.11.2023 sent by PIL petitioner and a scanned reproduction of the same is as follows:
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8.In the light of the narrative, discussion and dispositive reasoning thus far, we deem it appropriate to take up main Writ Petition with the consent of both sides and dispose of the same. In this regard, we are acutely conscious of the fact that fifth respondent (private respondent) is not before this Court. Therefore, we will be putting in an adequate safety valve while disposing of captioned WP. 9.Captioned WP and WMP are disposed of in the following manner:
(a) Undisputed submission that said poultry farm ie., poultry farm located in Alagupatti Village, Theppakulathupatti Post, Dindigul District remains closed [not operational] pursuant to orders of authorities for more than six months is recorded;
(b) If official respondents embark upon exercise of resuscitating (recommencing) said poultry farm in April 2024, the same will be based on the scientific study as captured in 23.11.2023 proceedings but more importantly decision making will be after giving an opportunity to PIL petitioner by considering PIL petitioner's said representation ie., representation dated 10.11.2023 [scanned and reproduced supra];
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(c) Fifth respondent will also be given an adequate and ample opportunity qua said representation [this is the safety valve which we had referred to supra as regards private respondent]; and (d) That in the course of considering said representation of PIL petitioner and giving an opportunity to fifth respondent before taking any decision one way or other in April 2024, first respondent, who is to take a decision, will consider giving a personal hearing to PIL petitioner and fifth respondent if deemed necessary ie., if the matter turns on facts necessitating a personal hearing but that will be at the discretion of first respondent.
10.Captioned WP and captioned WMP are disposed of in the aforesaid manner with aforesaid directives, observations and preservation of rights. There shall be no order as to costs. [M.S.,J.[ [R.S.V.,J.] 12.12.2023 Index : Yes ps 10/12
To 1.The District Collector, District Collectorate, Dindigul.
2.The Tahsildar, Dindigul West Taluk, Dindigul.
3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Dindigul.
4.The Joint Director, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Dindigul.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 12.12.2023 12/12