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Madras High CourtWP(MD)/31583/2025allowed

Manjutha v. The District Collector

2025-11-06Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.31583 of 2025 and W.M.P(MD).No.24763 of 2025 Manjutha .. Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer (Village Panchayat), Panchayat Union, Thottiyam, Trichy District.

3.The District Environmental Engineer, Tamilnadu Pollution Control Board, Trichy.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent in proceedings Na.Ka.No.Aa3/1346/2025 dated 08.05.2025 and quash the same and consequently direct the respondents not to interfere with the establishment and functioning of poultry farm of the petitioner in Survey Nos.659/3, 669/21, 1/5

670/2A, 659/7, 670/2A, 671/1A, 671/5A and 671/5B situated at Nagayanallur Vilage, Thottiyam Taluk, Trichy District.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.D.Sasikumar Additional Government Pleader (for R1 & R3) Mr.B.Ramanathan Additional Government Pleader (for R2)

ORDER

The writ petition has been filed to quash the impugned order passed by the second respondent in proceedings Na.Ka.No.Aa3/1346/2025 dated 08.05.2025 and consequential direction to the respondents not to interfere with the establishment and functioning of poultry farm of the petitioner in Survey Nos.659/3, 669/21, 670/2A, 659/7, 670/2A, 671/1A, 671/5A and 671/5B situated at Nagayanallur Vilage, Thottiyam Taluk, Trichy District.

2. Heard the arguments of the learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who takes notice on behalf of the first and third respondents and Mr.B.Ramanathan, learned Additional Government Pleader, who takes notice on behalf of the second respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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3. It is the case of the petitioner that she and her husband had proposed to establish a poultry farm in their land. In this regard, the petitioner applied for a No Objection Certificate before the second respondent, who, upon inspection, issued No Objection Certificate on 05.03.2025. Subsequently, based on the objection raised by two unknown persons, the second respondent cancelled the said NOC vide proceedings dated 08.05.2025, which, according to the petitioner, is a non-speaking one and violative of principles of natural justice. Thereafter, the third respondent sent a communication to the petitioner stating that the poultry farm could be established only after obtaining the necessary license from them and after complying with the guidelines issued by the Central Pollution Control Board in this regard.

The petitioner has also submitted a representation on 07.07.2025 requesting cancellation of the impugned proceedings dated 08.05.2025, however, the same has evoked no response. Hence, the present petition. It the contention of the petitioner that the impugned order has been passed without prior notice to the petitioner.

4. A perusal of the impugned order reveals that it has been passed without issuing show cause notice to the petitioner. Therefore, the Writ Petition is allowed and the impugned order in Na.Ka.No.Aa3/1346/2025 dated 08.05.2025 3/5

is set aside. The matter is remitted back to the second respondent, who shall issue notice to the petitioner and other complainants, receive the objections of the petitioner, provide him a personal hearing and pass speaking order. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

06.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer (Village Panchayat), Panchayat Union, Thottiyam, Trichy District.

3.The District Environmental Engineer, Tamilnadu Pollution Control Board, Trichy.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.31583 of 2025 06.11.2025 5/5