IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J.
Nandu Breeding Farm Unit – Appellant
Versus
The District Collector, Tiruppur – Respondent
WP Nos. 8980, 21658 of 2023, WMP Nos. 9104, 21027, 21029, 21030, 21031 of 2023
Decided On : 11-03-2026
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) (January 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 Enviro


Siting criteria for poultry farms requiring 500m from residential zones applies independently of bird count thresholds for registration, prioritizing right to clean environment over non-compliant ope....
The ruling affirms the necessity of legal licensing for poultry operations to prevent pollution, mandating prompt administrative action.
The right to a clean environment is a fundamental right under Article 21 of the Constitution, and compliance with environmental regulations is mandatory to ensure public health and safety.
Consent to establish environmental operations must be obtained per pollution control regulations; delays in legal appeals require justifiable reasons to be condoned.
A party cannot seek to restrain the operation of an established poultry farm without challenging the validity of the necessary permissions granted.
Operation of poultry without necessary licenses is illegal and subject to closure by authorities until compliance.
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