IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 26532 OF 2020
PETITIONER:
MANOJ JOHN, AGED 45 YEARS
S/O.J.JOHN ANTHRPER, NEDUPALLIL,
VALAMANGALAM, WARD NO.11, THURAVOOR P.O.,
CHERTHALA, ALAPPUZHA - 688 532.
BY ADVS.
AYYAPPAN SANKAR
SMT.S.HRIDYA
RESPONDENTS:
1 THURAVOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, THURAVOOR P.O.,
ALAPPUZHA - 688 572.
2 THE SECRETARY, THURAVOOR GRAMA PANCHAYATH
THURAVOOR P.O., ALAPPUZHA - 688 572.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, THATHAMPALLY P.O.,
ALAPPUZHA - 688 013.
BY ADVS.SRI.T.NAVEEN, SC
SRI.P.SANTHOSH KUMAR (TR)
SRI.T.P.SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.26532/2020
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.26532 of 2020
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Dated this the 14th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or other appropriate writs, orders or directions quashing Exhibit-P6 notice and all further proceedings thereon ii. Issue a writ of mandamus commanding the 2nd Respondent to issue orders on the application for renewal of Exhibit-P2 license in strict compliance of the directions in Exhibit-P4 Judgment, forthwith, without any further delay. iii. Pass such other order or direction, as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.
(SIC)
2. According to the petitioner, Ext.P2 licence was issued to the petitioner for conducting a poultry farm by which the petitioner was allowed to 1001-5000 poultry. As per Ext.P6, the petitioner was permitted to keep only 750 poultry. W.P.(C).No.26532/2020 3 Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned counsel for the Panchayat. I also heard the learned Standing Counsel for the 3rd respondent.
4. This Court considered Ext.P2. As per Ext.P2, the petitioner is given permit to conduct a farm in Class-IV in which he can maintain about 1001 to 5000 poultry. But, without assigning any reason it is limited to 750 in Ext.P6. I think there is a grievance to the petitioner. The petitioner can bring it to the notice of the Panchayat with a representation and if such a representation is filed, there can be a direction to the Panchayat to consider the same.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance raised in this writ petition before the 2nd respondent, within three weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 2 nd respondent will consider the same and pass W.P.(C).No.26532/2020 4 appropriate orders in it, taking into consideration the fact that, by Ext.P2 the petitioner was allowed to conduct a Class-IV farm.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.26532/2020 5 APPENDIX OF WP(C) 26532/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE NO.PCB/ALP/IC-2997/R1/19 DATED 24/9/2019 EXHIBIT P2 TRUE PHOTOCOPY OF THE LICENCE NO.02/19-20 (1504/19) FOR THE PERIOD UPTO 31/3/2020.
EXHIBIT P3 TRUE PHOTOCOPY OF THE NOTICE DATED 5/5/2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26/05/2020 OF THIS HONOURABLE HIGH COURT OF KERALA IN W.P.(C) NO.9879/2020.
EXHIBIT P5 TRUE PHOTOCOPY OF THE REMINDER APPLICATION SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 7/7/2020 ALONG WITH RECEIPT.
EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE DATED 7/7/2020 ISSUED BY 2ND RESPONDENT.