Madras High Court
M/S. Mayil White Pig Farm vs The District Collector on 14 December, 2023
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 34251 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 34251 of 2023
M/s. Mayil White Pig Farm,
Proprietor Mrs. Malligam
W/o. Sivanandhan,
Door No. 2/19A, Onakkadu,
Seraiyampalayam Village,
A.Iraiyamangalam Post,
Thiruchengode Taluk,
Namakkal – 637 210. … Petitioner
-vs-
1. The District Collector,
The District Collectorate,
Nallipalayam Post,
Namakkal District,
Namakkal – 637 003.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Paramaththi Road,
Thiruchengode Taluk & Post,
Namakkal District – 637 211.
3. The Tahsildar,
Office of the Tahsildar,
Thiruchengode,
Namakkal District – 637 210.
4. The Block Development Officer,
Office of Block Development Officer,
Thiruchengode,
Namakkal District – 637 210.
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W.P. No. 34251 of 2023
5. The President,
A.Irayamangalam Village Panchayat Office,
A.Irayamangalam Post,
Thiruchengode Taluk,
Namakkal District – 637 210.
6. T.Muthusamy
7. The Regional Joint Director,
District Animal Husbandry Department,
Namakkal. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the Respondents herein
to consider the Petitioner's representation dated 03.11.2023 and issue license to
run the piggery farm in the Petitioner's property in S. No. 188/1 situated at
A.Irayamangalam Post, Thiruchengode Taluk, Namakkal District.
For Petitioner : Mr. M.Velmurugan
For Respondents : Mr. S.J.Mohamed Sathik,
Government Advocate (for R1 to R3 & R7)
Mr. R.Vigneswaran (for R4 & R5)
Mr. R.Murugabharathi (for R6)
ORDER
Heard Mr. M.Velmurugan, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the First to Third and Seventh Respondents, Mr. R.Vigneswaran, Learned Counsel, who takes notice for the Fourth and Fifth Respondents and https://www.mhc.tn.gov.in/judis 2/6 W.P. No. 34251 of 2023 Mr. R.Murugabharathi, Learned Counsel, who takes notice for the Sixth Respondent, and perused the materials placed on record, apart from the pleadings of the parties.
2. It has been brought to notice that the Fifth Respondent had earlier made a representation dated 08.07.2023 complaining about the running of piggery by the Petitioner without obtaining necessary license under the Tamil Nadu Panchayats Rules (Licensing of Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996 (hereinafter referred to as 'the Rules' for short), and this Court by order dated 22.08.2023 in the Writ Petition in W.P. No. 24644 of 2023 filed by him had directed the said representation to be disposed.
3. In furtherance to the said order, the Fifth Respondent by proceedings in Na. Ka. No. 2/2023-24 dated __.10.2023 directed the removal of that piggery as the requisite licence under the Rules had not been obtained. In that backdrop, the Petitioner had made a representation dated 03.11.2023 seeking license for the piggery in this property in S. No. 188/1 situated at A.Irayamangalam Post, Thiruchengode Taluk, Namakkal District, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. https://www.mhc.tn.gov.in/judis 3/6 W.P. No. 34251 of 2023
4. Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:-
(i) the Sixth Respondent shall immediately examine the representation dated 31.07.2023 made by the Petitioner for grant of licence for conducting of Piggery;
(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to all persons concerned including the Petitioner and the Fifth Respondent to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and
(v) the report of such compliance shall be filed by 30.04.2024 before the Registrar (Judicial) of the Court.
https://www.mhc.tn.gov.in/judis 4/6 W.P. No. 34251 of 2023 In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
07.12.2023 Index: Yes/No pal/kv Note: Issue order copy by 19.03.2024. To
1. The District Collector, The District Collectorate, Nallipalayam Post, Namakkal District, Namakkal – 6370003.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramaththi Road, Thiruchengode Taluk & Post, Namakkal District – 637211.
3. The Tahsildar, Office of the Tahsildar, Thiruchengode, Namakkal District – 637210.
4. The Block Development Officer, Office of Block Development Officer, Thiruchengode, Namakkal District – 637210.
5. The Regional Joint Director, District Animal Husbandry Department, Namakkal.
Copy to The Registrar (Judicial), Madras High Court, Chennai – 600 104.
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