D.B. Vijayalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.B.Vijayalakshmi ... Petitioner Vs.

1.The District Collector, Dindigul District, District Collectorate, 2.The Tahsildar, Dindigul West Taluk, 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 4.The Joint Director, Animal Husbandry, Diary, Fisheries & Fishermen Welfare Department, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6

respondents to grant permission to restart the petitioner's poultry farm situated in Survey Nos.83/1, 83/2 at Alagupatti Village, Dindigul West Taluk, Dindigul District based on the petitioner's representation dated 30.09.2025 with in time frame as stipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.B.Ramanathan Additional Government Pleader for R.1, R.2 & R.4 Mr.Mohammed Aasiq for R.3

ORDER

Heard both sides.

2.The writ petitioner was running a poultry farm on the agricultural land. The adjacent field owner filed W.P(MD)No.29368 of 2023. The writ petition was disposed of by the Hon'ble Division Bench on 12.12.2023 in the following terms:

"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 2/6

[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];

(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." 3.The petitioner now wants to restart the poultry farm. The petitioner is permitted to submit a formal application to the first 3/6

respondent. The first respondent shall undertake the exercise in terms of the directions earlier issued in W.P(MD)No.29368 of 2023. It is seen that the petitioner has given representation on 30.09.2025. The exercise delineated above shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

4.This Writ Petition is disposed of accordingly. No costs. 19.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Dindigul District, District Collectorate, 2.The Tahsildar, Dindigul West Taluk, Dindigul.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 4/6

4.The Joint Director, Animal Husbandry, Diary, Fisheries & Fishermen Welfare Department, 5/6

G.R.SWAMINATHAN, J.

MGA 19.11.2025 6/6