IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 20057 OF 2020
PETITIONER:
M.A.VARGHESE
S/O.AUSEPH,MELAPPILI HOUSE,PULIYANAM.P.O,
ANGAMALY,ERNAKULAM-683572.
BY ADVS.
BIJU ABRAHAM
SHRI.SHABEER ALI MOHAMED
SMT.LILIA JOHN
SMT.LAKSHMI MOHAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM-682030.
2 THE PARAKKADAVU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PIN-683579.
3 HEALTH INSPECTOR,
PUBLIC HEALTH CENTER,
PARAKKADAVU-683579.
4 THE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,GANDHI NAGAR,
ERNAKULAM-682020,
REPRESENTED BY THE ENVIRONMENT ENGINEER.
5 THE STATION HOUSE OFFICER,
CHENGAMANAD POLICE STATION,
CHENGAMANAD,
ERNAKULAM-683578.
6 PAULY AUGUSTINE,
S/O.AGASTHY,MELAPPILLI HOUSE,
PULIYANAM.P.O, ANGAMALY,
ERNAKULAM-683572.
WP(C) NO. 20057 OF 2020
2
BY ADVS.
SRI.S.RENJITH
SRI.RAJIT
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20057 OF 2020
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 20057 of 2020
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(A) A writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 and 3 to stop the functioning of the farm run by the 6th respondent forthwith.
(B) A writ of mandamus or any other appropriate writ, order or direction commanding respondents 1,4 and 5 to see that the farm conducted by the 6th respondent is not operated with the present condition and the functioning of the said farm is not causing any environmental pollution, nuisance or inconvenience to the petitioner.
(C) Any other appropriate writ, order or directions as this Hon'ble court deem fit on the fact and in the circumstances of the case and allow this petition with cost."[SIC]
2. When this writ petition came up for WP(C) NO. 20057 OF 2020 4 consideration on 06.10.2020, this Court passed the following order:
"Admit Government Pleader takes notice for respondents 1, 3 and 5. Standing counsel takes notice for the fourth respondent. Issue notice by speed post to the sixth respondent.
Despite notice by e-mail, the second respondent has not entered appearance. The petitioner to take out notice again to the second respondent by speed post.
It is seen prima facie from the materials on record that the sixth respondent is running the farm referred to in the writ petition without licence.
In the circumstances, there will be an interim order as prayed for."
3. The counsel for the petitioner submitted that, without a license, the 6th respondent is running a cattle farm. In the light of the above interim order, the 6th respondent can not conduct cattle farm without getting proper license from the 2nd respondent. The 2nd respondent will make it sure that the 6 th respondent is not conducting any cattle farm without getting permission from the statutory authorities. The 6 th WP(C) NO. 20057 OF 2020 5 respondent is free to submit a fresh application before the 2nd respndent for getting permission and if such an application is received, the 2nd respondent is free to pass appropriate orders in accordance to law. The counsel for the 6th respondent has got a contention that there is a deemed license. That also will be considered by the 2nd respondent at the time of considering the new application. Therefore this writ petition is disposed of in the following manner:
i. The interim order dated 06.10.2020 is made absolute.
ii. The 6th respondent is free to file a license application for conducting a cattle farm before the 2nd respondent and if such an application is received, the 2nd respondent will consider the same and pass appropriate orders in accordance to law.
iii. The 2nd respondent will consider the question regarding the entitlement of the deemed WP(C) NO. 20057 OF 2020 6 license to the 6th respondent, if the application was pending and no orders are passed in it within the time prescribed. This should be done within a period of two weeks from the date of receipt of a copy of this judgment.
(iv) Till then the status quo as on today will continue.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 20057 OF 2020 7 APPENDIX OF WP(C) 20057/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4,DATED 05.07.2020.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 03.07.2020 OF THE HEALTH INSPECTOR OF PUBLIC HEALTH CENTER,PARAKKADAVU EXHIBIT P3 A TRUE COPY OF THE NOTICE SEND BY THE 2ND RESPONDENT PANCHAYATH TO THE 6TH RESPONDENT DATED 17.07.2020 EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.07.2020 EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION GIVEN BY THE 2ND RESPONDENT DATED 18.08.2020 EXHIBIT P6 A TRUE COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT DATED 07.09.2020. RESPONDENT EXHIBITS EXHIBIT R2 A TRUE COPY OF THE NOTICE DATED 19.10.2020 ISSUED BY THIS REPONDENT TO 6TH RESPONDENT.
EXHIBIT R2 B TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYAT DATED 02.11.2020 TO THE POLLUTION CONTROL BOARD. EXHIBIT R2 C TRUE COPY OF THE LETTER DATED 06.11.2020 OF VETERINARY SURGEON KURUMASSERY EXHIBIT R2 D TRUE COPY OF THE NOTICE DATED WP(C) NO. 20057 OF 2020 8 30.12.2020 ISSUED BY THIS REPONDENT TO 6TH RESPONDENT.
EXHIBIT R2 E TRUE COPY OF THE LETTER ISSUE DBY THE POLLUTION CONTROL BOARD DATED 20.01.2021 //TRUE COPY// PA TO JUDGE