Madras High Court
Kannappan vs The District Collector on 8 June, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.10694 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.10694 of 2022
Kannappan .. Petitioner
-vs-
1.The District Collector,
Tiruppur District,
Tiruppur.
2.The Block Development Officer,
Kudimangalam,
Pethappampatti,
Udumalpet Taluk,
Tiruppur District.
3.Kudimangalam Panchayat Union,
rep. by its Chariman,
Kudimangalam,
Udumalpet Taluk,
Tiruppur District.
4.Aathukinathupatti Panchayat,
rep. by its President
Aathukinathupatti,
Udumalpet Taluk,
Tiruppur District.
5.G.Ilanchezhiyan
6.C.Nithiyanandam
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.10694 of 2022
7.A.Gowtham .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the respondents
1 to 4 to prevent the illegal construction of poultry farm made by
respondents 5 to 7 in S.F. Nos.117/A-3, 117/B1C, 118/A1 in
Aathukinathupatti Village of Udumalpet Taluk of Tiruppur District by
considering the petitioner's representation dated 20.12.2021.
For Petitioner : Mr.N.Ponraj
For respondents : Mr.K.V.Sajeev Kumar,
Special Government Pleader
for R1
Mr.M.Rajendran,
Additional Government Pleader
for R2 to 4
ORDER
(Order of the Court was made by T.RAJA, J.) The petitioner has filed this writ petition seeking a direction to respondents 1 to 4 to prevent the illegal construction of poultry farm made by respondents 5 to 7 in S.F. Nos.117/A-3, 117/B1C, 118/A1, situated at Aathukinathupatti Village, Udumalpet Taluk, Tiruppur District by considering his representation dated 20.12.2021.
2.Learned counsel appearing for the petitioner submitted that the petitioner is doing agriculture in his ancestral lands in S.F. Nos.133 2/8 https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 A2, 133 A5, 133A8, 265 and 277 B1, situated at Aathukinathupatti Village. While so, the petitioner came to know that respondents 5 to 7 are in the process of establishing a poultry farm, without obtaining permission for the building and for running the same. Therefore, the petitioner and some of the nearby residents requested them not to establish the above poultry farm, as it would affect the healthy atmosphere of the residents and cause pollution to the peaceful environment. Though it is necessary on the part of respondents 5 to 7 to obtain permission/consent from the Tamil Nadu Pollution Control, they have not obtained the same. In this regard, the petitioner gave a representation dated 20.12.2021 to the first respondent requesting him to prevent the establishment of the above poultry. As there was no response, the petitioner is before this Court seeking the above prayer.
3.Learned Special Government appearing for the first respondent, drawing our notice the Environmental Guidelines for Poultry Farms, issued by the Central Pollution Control Board (Ministry of Environment, Forest and Climate Change, Government of India), Delhi, submitted that 4.0 deals with Classification of Poultry Farms, which says that based on the number of handling of birds, Poultry 3/8 https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 Farms may be classified into three categories, namely, Small, Medium and Large and 8.0 deals with Regulatory/Monitoring Mechanism for Poultry Farms, which says that Poultry Farms handling birds above 25000 at single location will have to obtain consent to establish and consent for operate under the Water Act, 1974 and Air Act 1981 from the State Pollution Control Board.
4.Learned counsel for the petitioner submitted that the poultry farms have been established, without getting any planning permission from the competent authority. Therefore, the poultry farms, which are found to be un-authorised construction, cannot be allowed to run.
5.In reply, learned Special Government Pleader submitted that if it is found to be un-authorised construction made by respondents 5 to 7, suitable action will be taken against them.
6.In this regard, it is necessary to extract Clauses 4.0 and 8.0 of the Environmental Guidelines for Poultry Farms, issued by the Central Pollution Control Board (Ministry of Environment, Forest and Climate Change, Government of India), Delhi – 110 032 as under: 4/8
https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 '4.0 Classification of Poultry Farms Backyard poultry is typically owned by small and marginal farmer and comprises of few birds, largely for self- consumption and very small quantities get commercially sold. The poultry farming practiced by the rural and tribal farmers under free range or backyard or semi-intensive systems is usually referred to as rural poultry farming. Based on the number of handling of birds, Poultry farms may be classified into three categories:
.Small (5,000 – 25,000 bird) .Medium (above 25,000 – 1,00,000 birds) .Large (above 1,00,000 birds) The poultry farms under small category are in un- organised sector run by economically weaker farmers and are of rural background.
8.0 Regulatory/Monitoring Mechanism for Poultry Farms .SPCBs/PCCs shall upload Environmental Guidelines on their website.
.Guidelines shall be applicable to all the category of Poultry Farms.
.Poultry Farms handling birds above 25,000 at single location will have to obtain consent to establish (CTE) and consent for operate (CTO) under the Water Act, 1974 and Air Act 1981 from State Pollution Control Board/Pollution Control Committee.
.The Poultry Farms are categorised under “Green” Category, therefore validity of consent will be 15 years. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 .Animal Husbandry Department of the State/Districts to assist the poultry farms for implementation of Guidelines.'
7.It is also useful to refer a letter dated 12.01.2022 addressed by the Tamil Nadu Pollution Control Board, Thiruppur to M/s.Subhiksha Breeding Farms, Thiruppur District as under:
'jh';fs; 15000 jha;f; nfhHpfns itj;J gz;iz mikf;fg;gl cs;sjhf bjhptpj;Js;sjhy;. j';fsJ nfhHpg;gz;iz mikf;f jkpH;ehL khR fl;Lg;ghL thhpaj;jpd; ,irthiz bgw ntz;oaJ ,y;i ; y vd bjhptpj;Jf; bfhs;sg;gLfpwJ/ vdpDk;. ghh;it?2y; fz;Ls;s kj;jpa khR fl;Lg;ghL thhpak; mwpt[Wj;jpa tiuKiwfspd;go g[fhh; vHhtz;zk; nfhHpg;gz;izfs; ,af;f mwpt[Wj;jg;gLfpwJ/'
8.A perusal of the above clauses 4.0 and 8.0 of the Environmental Guidelines for Poultry Farms and the letter dated 12.01.2022 addressed by the Tamil Nadu Pollution Control Board would show that Poultry Farms handling birds above 25,000 at single location will have to obtain consent to establish (CTE) and consent for operate (CTO) under the Water Act, 1974 and Air Act 1981 from State Pollution Control Board/Pollution Control Committee, whereas the poultry farms under small category in un-organised section, run by 6/8 https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 economically weaker farmers or of rural background, set up within 15,000 birds, are not required to get planning permission from the Tamil Nadu Pollution Control Board. In the present case, when respondents 5 to 7 have set up poultry farms with less than 15000 birds, which comes under the small category as per the Environmental Guidelines for Poultry Farms, issued by the Central Pollution Control Board, the contention made by the petitioner that without obtaining suitable permission from the Pollution Control Board, respondents 5 to 7 shall not be allowed to run the poultry farms is far from acceptance. Therefore, we do not find any merit in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs.
9.It is made clear that if it is found to be un-authorised construction made by respondents 5 to 7, suitable action shall be taken against them in accordance with law.
(T.R.,J.) (K.B.,J.) 08.06.2022 vga 7/8 https://www.mhc.tn.gov.in/judis W.P.No.10694 of 2022 T.RAJA, J.
and K.KUMARESH BABU,J.
vga To
1.The District Collector, Tiruppur District, Tiruppur.
2.The Block Development Officer, Kudimangalam, Pethappampatti, Udumalpet Taluk, Tiruppur District.
3.Kudimangalam Panchayat Union, rep. by its Chariman, Kudimangalam, Udumalpet Taluk, Tiruppur District.
4.Aathukinathupatti Panchayat, rep. by its President Aathukinathupatti, Udumalpet Taluk, Tiruppur District.
W.P.No.10694 of 2022
08.06.2022 8/8 https://www.mhc.tn.gov.in/judis