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2025 DAILYLAW 40054 (MAD)

S.RAGHUPATHI v. THE DISTRICT COLLECTOR

WP/9991/2024 · 2025-07-22

J Nisha Banu, M Jothiraman

Transfer Petitionbody2025

Judgment text

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W.P.No.9991 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 9991 of 2024 and WMP No.11005 of 2024 1. S.Raghupathi S/o.Late Samyappan, No.107-a, Shastrithottam,Periyaveerasangili Post, Perundurai, Erode- 638 056. Petitioner(s) Vs 1. The District Collector Erode District, Erode. 2.The District Environmental Engineer Tamil Nadu Pollution Control Board, No.J-2(w), Sipcot Complex Kovai Main Road, Near Sipcot Atch, Olapalayam Post, Perundurai, Erode- 638 052. 3.The Regional Joint Director The Department Of Animal Husbandry, Veterinary Hospital Road, Surampattivalasu, Erode District- 638 001. 4.SHANMUGAM S/o.Ponnusamy, Shastrithottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District- 638 056. 1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.9991 of 2024 5.Kaviya Poultry Farm Rep By Shanthi, W/o. Shanmugam, Shastrithottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District -056. 6.K.C.R. Poultry Farm Shastriththottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District- 056. Respondent(s) PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the unauthorized and illegal poultry farming business run in the properties situated in R.S. Nos.33/1 and 33/3B in Shastrithottam, Periyaveerasangili village, perundurai Taluk, Erode district in accordance to the guidelines made by the Central Pollution Control Board, January 2022 by considering the petitioners representation dated 17.03.2023 and by appreciating the above stated facts and circumstances. For Petitioner(s): Mr.M.Guruprasad For Respondent(s): Mr. G. Nanmaran Special Govt. Pleader For R1 & 3 Mr. V. Gunsekar Standing Counsel for R2 M/s. V.Balamurugane, for R4 and R5. ORDER (Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed seeking direction to the respondents 1 to 3 to remove the unauthorized and illegal poultry farm run in the properties situated in R.S. Nos.33/1 and 33/3B in Shastrithottam, Periyaveerasangili 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.9991 of 2024 village, perundurai Taluk, Erode district in accordance to the guidelines made by the Central Pollution Control Board, January 2022 by considering the petitioners representation dated 17.03.2023 and by appreciating the above stated facts and circumstances. 2. It is averred in the writ petition that in the subject property, two poultry farms have been constructed and run in the name and style of "Kaviya Poultry Farm" and " K.C.R. Poultry Farm " by the respondents 5 and 6, without following the guide lines and norms issued under Environmental Guidelines for Poultry Farms, 2022. It is also stated that in the poultry farms, over and above 60,000 hens are being nurtured and reared, causing continuous air and noise pollution in and around the Periyaveerasangili village. Apart from this, the respondents 4 to 6 are in the habit of disposing dead chicks and birds in the public place, resulting in air pollution and foul odors. Further more, a large number of insects, especially flies are breeding around the dead birds and chickens, thereby contributing to the spread of diseases among humans. Hence, the petitioner made a representation to the first respondent on 17.03.2023, explaining the difficulties faced by the villagers, however, no action has been taken in response. Despite various steps have been taken by the petitioner and villagers to remove the unauthorized poultry farms, the respondents 1 to 3 did not hear them. Hence the writ petition. 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.9991 of 2024 3. Heard the learned counsel for the parties and we have perused the materials on record. 4. Be that as it may, without expressing any opinion on merits, we are inclined to dispose of the writ petition by directing the 1st respondent to consider the representation of the petitioner dated 17.03.2023 and to take action, after affording opportunity of personal hearing to the petitioner as well as the private respondents 4 to 6, in accordance with law, within a period of twelve weeks from the date of receipt of copy of the order. 5. This Writ Petition stands disposed of accordingly. There shall be no order as to costs. Connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 22-07-2025 mst Index:Yes/No Internet:Yes Neutral Citation:Yes/No 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.9991 of 2024 To 1. The District Collector Erode District, Erode. 2.The District Environmental Engineer Tamil Nadu Pollution Control Board, No.J-2(w), Sipcot Complex Kovai Main Road, Near Sipcot Atch, Olapalayam Post, Perundurai, Erode-638 052. 3.The Regional Joint Director The Department Of Animal Husbandry, Veterinary Hospital Road, Surampattivalasu, Erode District- 638 001. 4.SHANMUGAM S/o.Ponnusamy, Shastrithottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District- 638 056. 5.Kaviya Poultry Farm Rep By Shanthi, W/o. Shanmugam, Shastrithottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District -056. 6.K.C.R. Poultry Farm Shastriththottam, Periyaveerasangili And Post, Perundurai Taluk, Erode District- 056. Respondent(s) 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.9991 of 2024 J.NISHA BANU, J. AND M.JOHIRAMAN, J. MST W.P.NO.9991 of 2024 22.07.2025 6 of 6 https://www.mhc.tn.gov.in/judis