W.P.No.5928 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.5928 of 2025 and W.M.P.No.6521 of 2025 P.Vijayakumar Secretary, Attur Public Matriculation School, 10 Acre Colony, Ramanaickenpalayam North Village, Ramanaickenpalayam Post, Attur, Salem District Pincode-636 108 ...Petitioner Versus 1.The Additional Chief Secretary Department Of Environment And Pollution Control Govt.OfTamilnadu, Secretariat, St.Gorge Fort, Chennai- 600 009. 2. The Member Secretary Tamilnadu Pollution Control Board, No.76, Anna Salai, Guindy, Govt.Of Tamilnadu, Chennai-600 032 3.District Environmental Engineer Tamilnadu Pollution Control Board, Govt.Of Tamilnadu, No.9, 4th Cross Brindavan Road, Fair Lands, Salem- 636016 1/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.5928 of 2025 4.The Additional Chief Secretary Department Of Public Health Govt.Of Tamilnadu Secretariat, St.George Fort Chennai-600 009 5. Deputy Director Public Health Services Govt.Of Tamilnadu, 16, Omalur Main Road, Salem-636001 6.District Collector Govt.Of Tamilnadu, Salem District, Pin Code-636 001 7.Anjali, Proprietrix M/s.Jc.Amsa Poultry Farm, 10 Acre Colony, Ramanaicken Palayam, Ramanaickenpalayam Post, Attur-636 108 Salem District .... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution, praying for issuance of a Writ of Mandamus, to direct the respondents to take appropriate action against the 7th respondent from any manner causing pollution and health hazards by running the poultry farm adjacent to the Attur Public Matriculation School. For Petitioner(s): Mr.R,Dharmaraj For Respondent(s): Mr. M.R.Gokula Krishnan, AGP for R1, R4 & R5 Mr.V.Gunasekar, Standing Counsel for R2&R3 2/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.5928 of 2025 O R D E R (By J.Nisha Banu,J.) This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the respondents to take appropriate action against the 7th respondent from any manner causing pollution and health hazards by running the poultry farm adjacent to the Attur Public Matriculation School. 2. According to the petitioner, the 7th respondent here has set up a Poultry Farm, very adjacent to the petitioner's school, without license/permission and without NoC from the competent authority and the said poultry emits ash, gases and bad odour, causing pollution and health hazards in the surrounding vicinity of the school. The grievance of the petitioner is that despite the representations made to the official respondents on 09.02.2024 and 04.03.2024, no action has been taken. Hence the Writ Petition. 3. Learned Standing Counsel for respondents 2 and 3/Tamil Nadu Pollution Control Board (TNPCB), filed a counter affidavit and primarily 3/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.5928 of 2025 submitted that the poultry farm was in operation from August 2024 onwards and there are 14000 number of laying birds in the shed and as such, it does not come under the purview of TNPCB. He also submitted that the poultry farm is not located within 500 meters from the residential zone, however, the school is located at a distance of 155 meters, but and no flies and odour nuisance were noticed in the school campus and the farm is situated 100 meters away from an open well and on southern side, there was no adequate set back. 4. The learned counsel for 7th respondent also filed a counter affidavit along with photographs of the existing poultry farm and submitted that as per Tamil Nadu Government Letter No.9985/UD 4(3)/2018-3, dated 26.02.2019, the poultry farm, live-stock breeding has been included under the definition of the term 'agriculture', obtaining permission for construction of sheds/buildings for the use of poultry does not arise. The poultry farm is situated at about 630 feet distance from the petitioner's school and not within its close vicinity and the 7th respondent is using the dis-infect liquids and plants to control the air pollution and bad smell from the poultry and 4/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.5928 of 2025 thereby, causing no pollution or health hazards as alleged by the petitioner and there is no merit in the Writ Petition and hence, he would urge this Court to dismiss the Writ Petition. 5. Heard the learned counsel on either side and perused the entire materials available on record. 6. It appears that the petitioner has made representations dated 09.02.2024 and 04.03.2024 to the official respondents and according to the petitioner, the said representations are still pending and no action has been taken. 7. Considering the facts and circumstances, particularly, the fact that the petitioner's school is located at a distance of 155 meters from the poultry as per the avernments made in the counter affidavit filed on behalf of TNPCB, this Court, without adverting to the merits of the case, feels it appropriate to direct the respondents 1 to 5 to consider and dispose of the representations, dated 09.02.2024 and 04.03.2024 made by the petitioner in accordance with law, after affording an opportunity to the petitioner and the 5/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.5928 of 2025 J.NISHA BANU, J. and M.JOTHIRAMAN,J. suk 7th respondent, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected WMP is closed. (J.N.B.J.,) (M.J.R,J.,) 09.07.2025 Index: Yes / No Internet: Yes / No suk To 1.The Additional Chief Secretary Department Of Environment And Pollution Control Govt.Of Tamilnadu, Secretariat, St.Gorge Fort, Chennai-600 009. 2. The Member Secretary Tamilnadu Pollution Control Board, No.76, Anna Salai, Guindy, Govt.Of Tamilnadu, Chennai-600 032 3.District Environmental Engineer Tamilnadu Pollution Control Board, Govt.Of Tamilnadu, No.9, 4th Cross Brindavan Road, Fair Lands, Salem-636016 4.The Additional Chief Secretary Department Of Public Health Govt.Of Tamilnadu Secretariat, St.George Fort Chennai-600 009 5. Deputy Director Public Health Services Govt.Of Tamilnadu, 16, Omalur Main Road, Salem-636001 6.District Collector Govt.Of Tamilnadu, Salem District, Pin Code-636 001 W.P.No.5928 of 2025 6/6 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis