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W.P.(MD).No.30800 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.30800 of 2024 and W.M.P.(MD)No.25878, 25880 and 25883 of 2024 S.Ebanesh Selvan ... Petitioner Vs. 1.The District Collector, Kanniyakumari District Collectorate, Kanniyakumari District. 2.The Superintendent of Police, Kanniyakumari District Police Office, Kanniyakumari District. 3.The Tahsildar, Vilavancode Taluk Office, Kuzhithurai Post, Vilavancode Taluk, Kanniyakumari District. 4.The Assistant Director (Town Panchayats), Kanniyakumari District Having its Office at Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 5.The Executive Officer, Kadayal Town Panchayat, Having its Office at Kadayalumoodu, 1/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 6.The President, Kadayal Town Panchayat, Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 7.The Village Administrative Officer, Kaliyal Village, Kadayal Post, Kadayal Village, Vilavancode Taluk, Kanniyakumari District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 5th Respondent in the Notice No. Na.Ka.No. 199/2023/A1, dated 14.12.2024 and quash the same and direct the respondents not to disturb the petitioner from doing agricultural activities and allied activities including pig poultry farming and the movement of vehicles in relation to the aforesaid activities. For Petitioner
: Mr.S.Vidhya Sagar
For R-1, R-3 & R-4 : Mr.T.Amjad Khan, Government Advocate For R-2 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) 2/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 For R-5 & R-6 : Mr.G.Suriya Anandh, Additional Government Pleader *****
ORDER This writ petition is filed to call for the records of the 5th Respondent in the Notice No. Na.Ka.No. 199/2023/A1, dated 14.12.2024 and quash the same and direct the respondents not to disturb the petitioner from doing agricultural activities and allied activities including pig poultry farming and the movement of vehicles in relation to the aforesaid activities. 2.Heard the learned counsels on either sides and carefully perused the materials available on record. 3.The learned Government Advocate, Mr.T.Amjad Khan, on instructions, submitted that it is only a show cause notice, and the petitioner is bound to submit a proper reply for the same, and only thereafter the plight of the petitioner could be considered. 4.The learned counsel for the petitioner vehemently submitted that he is rearing 34 cows and other domestic animals, like goats, hens, pigs, fish, 3/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 dogs, turkeys, and buffalos. Had there been any pollution in the said farm, that would obviously affect the cows as well. The petitioner is also a person who is supplying milk and other dairy products to the entire village around and the integrated dairy farm is situated in an isolated area, and the residential area is situated only beyond a distance of one kilometer from the location of the integrated dairy farm. He has already made an application for getting a license from the 5th respondent through online mode and that may be considered positively, and the petitioner is ready to cooperate with whatever condition which is likely to be imposed by the 5th respondent. 5.Recording the said submissions made by the learned counsel for the petitioner, this Court hereby direct the petitioner to submit an appropriate reply to the impugned notice dated 14.12.2024, and the 5th respondent is
directed to appreciate the same and also consider the online application made by the petitioner for a license and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order. Till a final call is taken on the reply, which is likely to be submitted by the petitioner, let the 5th respondent not take any coercive steps. 4/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 6.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
03.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, Kanniyakumari District Collectorate, Kanniyakumari District. 2.The Superintendent of Police, Kanniyakumari District Police Office, Kanniyakumari District. 3.The Tahsildar, Vilavancode Taluk Office, Kuzhithurai Post, Vilavancode Taluk, Kanniyakumari District. 4.The Assistant Director (Town Panchayats), Kanniyakumari District Having its Office at Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 5/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 5.The Executive Officer, Kadayal Town Panchayat, Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 6.The President, Kadayal Town Panchayat, Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 6/7 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.30800 of 2024 L.VICTORIA GOWRI, J.
Sml W.P.(MD).No.30800 of 2024 03.01.2025
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