(Prayer in WP No. 8980 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorari, calling for the records pertaining to impugned order made in Na.Ka. 22789 / 2022 / E2 dated 3.1.2023 on the file of the 1st respondent herein and the consequential order made in Na.Ka. No. 108 / E/ 2023 dated 21.02.2023 on the file of the 2nd respondent and quash the same.
In WP No. 21658 of 2023:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to impugned order of the 1st respondent in Na.Ka. 22789/ 2022/ E2 dated 24.06.2023 and quash the same and issue consequential direction forbearing the 6th and 7th respondent from running the poultry farm S.No. 102/1, 102/2A, 104/1, 104/2, 139/1A, 104/1B, 104/2, 104/2A, 104/2C, 138, 139 situated at Chinnakkampalayam Village, Dharapuram Taluk, Tiruppur District.)
Common Order:
1. W.P.No.8980 of 2023 has been filed by the petitioner challenging the impugned order made in Na.Ka. 22789 / 2022 / E2 dated 3.1.2023 on the file of the 1st respondent herein and the consequential order made in Na.Ka. No. 108 / E/ 2023 dated 21.02.2023 on the file of the 2nd respondent and quash the same. W.P.No.21658 of 2023 has been filed challenging the impugned order of the 1st respondent in Na.Ka. 22789/ 2022/ E2 dated 24.06.2023 and quash the same and issue consequential direction forbearing the 6th and 7th respondent from running the poultry farm S.No. 102/1, 102/2A, 104/1, 104/2, 139/1A, 104/1B, 104/2, 104/2A, 104/2C, 138, 139 situated at Chinnakkampalayam Village, Dharapuram Taluk, Tiruppur District.
2. Learned counsel for the petitioner in W.P.No.21658 of 2023 would submit that the 1st respondent herein has issued an approval permitting the respondents 6 and 7 to run the poultry farm subject to the certain conditions. However, the dust; feathers of birds and the flies from the poultry farm cause allergies and chronic obstructions to the petitioner and also to the villagers, which leads to bacterial and fungal disease. The respondents 6 and 7 have failed to follow certain guidelines to run the said poultry farm which cause disease to the public residing nearer to the said poultry farm. Therefore, by referring Clause 6.4 of the Environmental Guidelines issued by the Central Pollution Control Board (Ministry of Environment, Forest and Climate change, Govt. of India) (Januray 2022), learned counsel for the petitioner requests this Court to direct the respondents 6 and 7 to comply Clause 6.4 of the aforesaid guidelines along with the conditions prescribed by the 1st respondent in Paragraph No.12 of the impugned order dated 24.06.2023, which would be sufficient to meet out the case of the petitioner.
3. Mr.V.P.Sengottuvel, learned Senior Counsel for Mr.R.Muthukumarasamy, learned counsel appearing for the respondents 6 and 7 in W.P.No.21658 of 2023 would submit that the respondents 6 and 7 will comply with the conditions prescribed by the 1st respondent in paragraph number 12 of the impugned order dated 24.06.2023 and Clause 6.4 of the guidelines issued by Central Pollution Control Board (Ministry of Environment, Forest and Climate change, Govt. of India) (Januray 2022).
4. In reply, learned counsel for the petitioner would submit that since the contesting respondents 6 and 7 are inclined to comply with the conditions imposed by the 1st respondent as well as clause 6.4 of the aforesaid guidelines, a time frame may be fixed to comply the same and a direction may be issued to the Pollution Control Board to ensure the compliance of the order of the 1st respondent as well as Clause 6.4 of the aforesaid guidelines by the respondents 6 and 7. 5.Heard both sides and perused the materials available on records.
6. Considering the above submissions made by the respective parties and upon perusal of the records, it is evident that the issue in the present case is with regard to the obstruction faced by the petitioner and other neighbours due to the flies from the poultry farm being run by the respondents 6 and 7. Several photographs have also been produced before this Court to show how the petitioner is affected due to the flies. Apart from the petitioner, the animals are also get affected due to the flies. Therefore, according to the petitioner though the 1st respondent has issued certain conditions to run the said poultry farm, the Central Pollution Control Board (Ministry of Environment, Forest and Climate change, Govt. of India) in the month of January 2022, has also issued certain guidelines for running a poultry farm. If Clause 6.4 of the said guidelines is complied with by the respondents 6 and 7 along with the conditions prescribed by the 1st respondent, it would suffice to meet out the case of the petitioner.
7. For better appreciation, Clause 6.4 of the guidelines issued by the Central Pollution Control Board (Ministry of Environment, Forest and Climate change, Govt. of India) (Januray 2022) and the condition prescribed by the 1st respondent in paragraph No.12 of the impugned order dated 24.06.2023 are extracted hereunder:
“Environmental Guidelines
6.4 Other issues
Control of Flies: Proper treatment and disposal of manure, ventilation of sheds, control of temperature, good sanitation, swift repairs of leaks, avoidance of feed spills, prompt removal of broken eggs and dead birds shall be ensured for control of flies in the poultry farms. The farm should have provisions of wire nettings, traps, fly-repellents, insecticidies etc.
Control of Rodents: Methods for the control of rodents may include: i) Exclusion ii) Trapping Glue boards iii) Tracking powder iv) rodent proof doors and windows to eliminate rodents/pest infestation.
As per Bureau of Indian Standards 1374:2007, on poultry feed specifies that the use of antibiotics should not be mixed with feed or administered for non-therapeutic purposes without prescription for diseased birds. Regulation for use of antibiotics shall be regulated as per the advisory/directions issued by Department of animal Husbandry, Dairying and Fisheries and Ministry of Health and the Drug Controller General of India.’
8. Now it is in agreement between the parties to comply with the conditions prescribed by the 1st respondent in paragraph No.12 of the impugned order dated 24.06.2023 and as well as Clause 6.4 of the Environment Guidlines as extracted above and the respondents 6 and 7 seek two months time to comply the same.
9. In view of the above agreement between the parties, this court pass the following orders:
i) The respondents 6 and 7 are directed to comply with the condition prescribed by the 1st respondent in paragraph No.12 of the impugned order dated 24.06.2023 and Clause 6.4 of the Environmental Guidelines issued by the Central Pollution Control Board (Ministry of Environment, Forest and Climate change, Govt. of India) (Januray 2022), on or before 30.04.2026
ii) The 5th respondent in W.P.No.21658 of 2023 is directed to ensure that the aforesaid direction of this Court is strictly complied by the respondents 6 and 7 and file a compliance report on or before 02.06.2026.
iii) Since the license granted to run the poultry farm is going to expire on 31.03.2026, the 5th respondent in W.P.No.21658 of 2023 shall extent the license period for another two months so as to enable the respondents 6 and 7 to comply with the order of this Court and after ensuring the compliance of the order of this Court further extension shall be considered.
iv) The respondents 5 and 6 is also directed to file their compliance report on 02.06.2026.
10. With the above direction, W.P.No.21658 of 2023 stands disposed of. In view of the order passed by this Court in W.P.No.21658 of 2023, no further order is required in W.P.No.8980 of 2023 and hence, W.P.No.8980 of 2023 stands closed. No costs. Consequently, connected miscellaneous petitions are closed.
11. Post the matter “For Reporting Compliance” on 02.06.2026.
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