Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944 WP(C) NO. 460 OF 2022 PETITIONER/S: VIJAYAN.P., AGED 56 YEARS S/O.P.V.KARAPPAN, MANJARI, GOVERNMENT ENGINEERING COLLEGE P.O., MANAKULAM ROAD, CHERUR VILLAGE, THRISSUR-680 009. BY ADVS. P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE MANU VYASAN PETER RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,MAJESTIC SQUARE BUILDING, 3RD FLOOR, PARAVATTANI, OLLUKKARA P.O., THRISSUR-680 655. 3 ADAT GRAMA PANCHAYT, PURANATTUKARA P.O., THRISSUR-680 551, REPRESENTED BY ITS SECRETARY. 4 THE SECRETARY, ADAT GRAMA PANCHAYAT, PURANATTUKARA P.O., THRISSUR-680 551. 5 THE HEALTH INSPECTOR, ADAT GRAMA PANCHAYAT, PURANATTUKARA P.O., THRISSUR-680 551. 6 NALINAN KURIYAKKOTT, AGED 50 YEARS S/O.K.V.VELAPPAN, MUTHUVARA P.O., PUZHAKKAL VILLAGE, THRISSUR-680 553. -2-
BY ADVS. P.M.MANOJ HAMZATH ALI V.K.(K/953/2021) OTHER PRESENT: SRI.T.NAVEEN, SC, SRI.P.P.THAJUDHEEN, SC SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 460 of 2022 ============================================================= Dated this the 19th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers: “ (i) issue a writ of certiorari or any other appropriate writ or order quashing Ext.P9;
(ii) issue a writ of mandamus or any other
appropriate writ or direction, directing Respondents 3 and 4 not to issue licence to the 6th respondent under Rule 3 of Kerala Panchayat Raj (Licensing of Livestock Farms) Rules, 2012;
(iii) award the Petitioner the costs of this Writ Petition.” (sic)
2. The main grievance of the petitioner is that the 6 th
respondent is running an unauthorized cattle farm adjacent to the property of the petitioner. It is the case of the petitioner that no consent to operate from the Pollution Control Board has been obtained by the 6th respondent. It is also contended that -4- the Board has recommended correctional measures to be done by the 6th respondent, on a complaint made by the petitioner. But the 6th respondent is yet to comply with the said directions issued by the Board. Hence, this writ petition.
3. Heard the counsel for the petitioner and the Standing Counsel appearing for the 2nd respondent. I also heard the counsel appearing for respondents 3 to 5 and the counsel appearing for the 6th respondent.
4. The counsel for the petitioner reiterated his
contentions. The counsel submitted that the 6th respondent is running the cattle farm without getting necessary consent from the statutory authorities. The counsel appearing for the 2 nd respondent submitted that a consent is necessary for functioning a cattle farm, if there is more than five cattle. The counsel submitted that no consent is obtained by the 6th respondent. The -5- counsel appearing for respondents 3 to 5 submitted that Ext.P9 issued to the 6th respondent is not responded properly even now. The counsel appearing for the 6th respondent submitted that the cattle farm is conducting under the Milk Shed Development Programme 2011-2012 and therefore, it is authorised.
5. This Court considered the contentions of the
petitioner and the respondents. I perused Ext.P9 notice issued by the Panchayat. In Ext.P9 it is specifically stated that the 6 th respondent is directed to get necessary licence as per law. It is conceded by the 6th respondent that no such licence is obtained so far. Moreover, the Standing Counsel appearing for the 2nd respondent also submitted that consent to operate is not obtained by the 6th respondent. The counsel for the 6th respondent conceded that no consent to operate was obtained. In such circumstances, the 6th respondent cannot function the -6- cattle farm without getting permissions from the statutory authorities. But some breathing time can be given to the 6 th respondent to get the statutory clearance from the statutory authorities. If the 6th respondent is not getting the clearances from the statutory authorities within that time, respondents 2 to 5 can take appropriate steps to close down the cattle farm. Therefore, this writ petition is disposed of in the following manner:
1. The 6th respondent is free to obtain necessary permission from the statutory authorities, within three months from the date of receipt of a copy of this judgment.
2. If the statutory clearance from the statutory
authorities is not obtained by the 6th respondent within the three months as directed above, respondents 2 to 5 shall take necessary action to close down the cattle farm. -7-
3. I make it clear that during the above said three months, the 6th respondent can function the cattle farm, without creating any pollution to the neighbours.
Sd/- P.V.KUNHIKRISHNAN JUDGE das -8- APPENDIX OF WP(C) 460/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PUZHAKKAL DATED 07.01.2020. Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PUZHAKKAL DATED 11.02.2021. Exhibit P3 TRUE COPY OF THE PLAINT IN OS NO.1046 OF 2021 ON THE FILE OF THE MUNSIFFS COURT, THRISSUR DATED NIL. Exhibit P4 TRUE COPY OF THE ORDER IN IA NO.2 OF 2021 IN OS NO.1046 OF 2021 ON THE FILE OF THE ADDL. MUNSIFF;S COURT I, THRISSUR DATED 29.06.2021. Exhibit P5 TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER IN OS NO.1046 OF 2021 ON THE FILE OF THE MUNSIFF'S COURT, THRISSUR. Exhibit P6 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE SECRETARY, ADAT GRAMA PANCHAYAT. Exhibit P7 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE HEALTH INSPECT, ADAT GRAMA PANCHAYAT DATED 25.08.2021. Exhibit P8 TRUE COPY OF THE LETTER SENT BY THE POLLUTION CONTROL BOARD TO THE 6TH RESPONDENT DATED 10.09.2021. Exhibit P9 TRUE COPY OF THE LETTER NO.C1 5319/21 ISSUED BY THE SECRETARY, ADAT GRAMA PANCHAYAT DATED 20.12.2021. RESPONDENTS’ EXHIBITS Exhibit R6A Exhibit R6B