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2026 Supreme(Online)(Mad) 25443

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
S.Kasthuribai – Appellant
Versus
The District Collector/ Inspector of Panchayats, Theni District – Respondent
W.P(MD)No.8007 of 2026 | W.M.P(MD)No.6550 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.K.Kannan
For the Respondents: Mr.S.P.Maharajan (R1, R2 & R4), Ms.Madhuri Donti Reddy (R3), Mr.P.Thilak Kumar (R5), Mr.R.N.Ramprasath (R7)

A party cannot seek to restrain the operation of an established poultry farm without challenging the validity of the necessary permissions granted.

Headnote:Statute Analysis: The writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus. Facts of the Case: The petitioner, a resident and board member of a plantation company, challenges the establishment of a poultry farm claiming it threatens health and environment due to past incidents.

Findings of Court:
The court noted that the pollution control board granted consent and without a challenge to this consent, the petitioner couldn't seek restraining orders.

Issues: The central issue framed is whether the respondents should be restrained from permitting the poultry farm.

Ratio Decidendi: The court reasoned that permissions were duly granted and no specific violations were presented for the court's intervention.

Result: The Writ Petition is dismissed. No costs.

Table of Content
1. concerns regarding poultry farm's impact on environment and community health. (Para 1 , 3 , 4 , 5)
2. court's observation on the absence of a challenge to the consent granted. (Para 7 , 8)
3. the petition was dismissed based on the lack of merit. (Para 9)

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition seeking to forbear the respondents 1 to 6 from permitting the seventh respondent to establish and run a poultry farm in S. Nos. 1357/1, 1356/1B and 1356/2B of Melmangalam Bit–I Village, Periyakulam Taluk, Theni District.

2.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for respondents 1, 2 and 4; Ms. Madhuri Donti Reddy, learned Standing Counsel, accepts notice for the third respondent; Mr.P.Thilak Kumar, learned counsel, accepts notice for the fifth respondent; and Mr.R.N.Ramprasath, learned counsel, accepts notice for the seventh respondent.

3.The grievance of the petitioner is that she, being a resident of Melmangalam Village and a Board Member of SVPKS Plantation Private Limited engaged in agricultural activities, along with other villagers who are predominantly dependent on farming and cattle rearing in the vicinity of Vaigai Dam, is aggrieved by the proposed establishment of a poultry farm by the seventh respondent in the adjacent lands comprised in S. Nos. 1345, 1355, 1356/1, 1356/2 and 1357/2 of Melmangalam Bit–I Village, Periyakulam Taluk, Theni District.

4.According to the petitioner, a similar poultry farm previously operated in the area had resulted in cattle deaths and environmental degradation, leading to its closure following public protests. It is further contended that, despite representations dated 25.08.2025 and 27.02.2026, no action has been taken by the authorities, and the third respondent has allegedly granted “Consent to Establish” without proper inspection or adherence to due process.

5.The petitioner further alleges that the proposed poultry farm is in violation of the applicable pollution control guidelines and poses a serious threat to the environment, public health, and livestock in the locality. Hence, the present Writ Petition has been filed seeking appropriate directions to restrain the seventh respondent and to protect the livelihood and health of the villagers.

6.Heard the learned counsel appearing on either side and perused the materials available on record.

7.Admittedly, necessary permission has been accorded, and the Pollution Control Board has also granted “Consent to Establish” vide proceedings dated 26.08.2025. In the absence of any challenge to the said consent order and without pointing out any specific violation in the grant of licence, the petitioner cannot, as a matter of right, seek a direction to restrain the establishment or operation of the poultry farm.

8.Insofar as the alleged irregularities in the grant of licence/consent are concerned, it is open to the petitioner to challenge the same in the manner known to law.

9.In view of the above, we do not find any merit in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.

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