Periyasamy v. The State of Tamil Nadu Rep by

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed under Article 226 of the Constitution of India, styled as public interest litigation, seeks a direction to respondents 1 to 5 to take suitable action and close the poultry farm illegally run by respondents 6 and 7 in S.F.No.412/3A, situated at Oodayam Village, Nagapalayam, Kangeyam Taluk, Tiruppur District.

¶2A counter-affidavit has been filed by respondent No.3, in which, it is stated that the inspection team had inspected the poultry farm of respondents 6 and 7 on 10.10.2024 and, at the time of inspection, it was found that all necessary permissions have been obtained by respondents 6 and 7. Paragraphs 5 to 8 of the counter-affidavit are reproduced below: "5. It is respectfully submitted that Muthur Veterinary Surgeon and Mootharapalaym Veterinary Assistant Surgeon inspected the Poultry Farm (Broiler farm) of the 6th and 7th Respondents on 10.10.2024. At the time of inspection, the farm was kept clean and completely sanitized to receive new chicks.

¶6It is respectfully submitted that as per G.O. (Ms) No. 122, Animal Husbandry, Dairying and Fisheries (Poultry) Department, dated 30.09.2009, the following regulation was found to be in accordance during inspection:- a) No migratory water bodies are available within 4 Km radius; b) One shed of 350 Feet x 21 Feet with east west orientation and 700 Square Feet feed room having adequate floor space with enough number of feeders and drinkers. c) No hatchery unit is available. d) There is no poultry rearing within 150 meters from the farm. e) The poultry farm has a foot path of 30 cm width at the entrance f) Safe disposal of dead birds in a hygienic way was made in the disposal pit of 9 ft x 7 ft with concrete lid. g) Effective rodent control and fly control procedures are adopted (clothiamdin spray and insect baits used).

¶7It is respectfully submit that pursuant to the Order dated

16.09.2020 in O.A.No.681 of 2017 passed by the Hon'ble National Green Tribunal (Principal Bench), New Delhi, the Central Pollution C6nfel Board has issued guidelines for Poultry Farm. According to the guidelines Poultry Farms which are having more than 5000 birds will have to obtain CTO (Consent to Operate) and CTE (Consent to Establish). In the present case the Poultry Farm owned by the 6th and 7th Respondents has less than 5000 birds (Broiler farm)."

¶3It is further stated in the counter-affidavit that, as per the order dated 16.09.2020 passed in O.A.No.681 of 2017 by the National Green Tribunal (Principal Bench), New Delhi, the Central Pollution Control Board has also issued guidelines for poultry farm. According to the guidelines, poultry farms which are having more than 5000 birds will have to obtain CTO (Consent to Operate) and CTE (Consent to Establish). In the instant case, the poultry farm owned by respondents 6 and 7 has less than 5000 birds (broiler farm). Therefore, the CTE and CTO are not necessary.

¶4Since the poultry farm owned by respondents 6 and 7 has less than 5000 birds and no violation has been found by the inspection team at the time of inspection, we find that there is no substance in the allegation made the petitioner that the subject poultry farm run by respondents 6 and 7 is illegal. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)

13.08.2026 Index : : bbr To:

1.The Secretary to Government, State of Tamil Nadu Animal Husbandry, Dairying and Fisheries (Poultry) Department, Fort St. George, Chennai-600 009.

2.The District Collector Tiruppur District, Tiruppur.

3.The Zonal Joint Director Animal Husbandry Department, 4/583, Veerapandi Pirivu, Palladam Road, Tiruppur-641 605.

4.The Executive Engineer TANGEDCO, G.T.Building, Trichy Road, Palladam, Tiruppur District.

5.The Executive Officer Muthur Town Panchayat, Muthur, Tiruppur District. W.P.No.11204,of,2024 THE,HON'BLE,CHIEF,JUSTICE ,,,,AND ,G.ARUL,MURUGAN,,J., bbr W.P.No.11204,of,2024 ,,,,,

13.08.2026 Page,7,of,7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.28063 of 2024 Periyasamy S/o.Chenniyappan, 18, Nagapalayam, Alampalayam, Muthur, Kangeyam Taluk, Tiruppur District. Petitioner Vs 1.The State of Tamil Nadu Rep. by the Secretary to Government, Animal Husbandry, Dairying and Fisheries (Poultry) Department, Fort St. George, Chennai-600 009. 2.The District Collector Tiruppur District, Tiruppur. 3.The Zonal Joint Director Animal Husbandry Department, 4/583, Veerapandi Pirivu, Palladam Road, Tiruppur- 641 605. 4.The Executive Engineer TANGEDCO, G.T.Building, Trichy Road, Palladam, Tiruppur District. 5.The Executive Officer Muthur Town Panchayat, Muthur, Tiruppur District. 6.R.Periasamy S/o.Rakkiappan, Oodayam Village, Nagapalayam, Kangeyam Taluk, Tiruppur District. 7.P.Saravana Kumar S/o.R.Periasamy, Oodayam Village, Nagapalayam, Kangeyam Taluk, Tiruppur District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 herein to take suitable action and close the Poultry Farm run illegally by the respondents 6 and 7 in S.F.No.412/3A, situate at Oodayam Village, Nagapalayam, Kangeyam Taluk, Tiruppur District. For Petitioner: Mr.R.Inian for Mr.K.Govi Ganesan For Respondents: Mr.S.Ganesh Babu Govt. Advocate for R1 to R5