Kerala High Court
Suresh .R vs Station House Officer on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 13100 OF 2021
PETITIONER:
OMANA GOPINATHAN
AGED 64 YEARS
PATTACHIRAYIL HOUSE, VARANAM PO, PUTHANANGADI, CHERTHALA,
ALAPPUZHA.
BY ADVS.
SEBIN THOMAS
AMITH K.S
APARNA ANIL
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN
- 695001.
2 THE SECRETARY, THANNEERMUKKAM GRAMAPANCHAYATH,
THANNEERMUKKAM PO, ALAPPUZHA DISTRICT, PIN - 688527.
3 THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL
BOARD, DISTRICT OFFICE, ALAPPUZHA - 688001.
*4 SURESH .R
AGED 45 YEARS
KOLLAMPARAMBIL, VARANAM P.O., PUTHENANGADI, PIN-688555.
*[THE 4TH RESPONDENT IS IMPLEADED AS ADDL. 4TH RESPONDENT IN THIS WRIT
PETITION VIDE ORDERS OF THIS COURT DATED 08.07.2021 IN IA 1/2021]
BY GOVT. PLEADER SRI.RAVIKRISHNAN
ADV. DARSAN SOMANATH
ADV. T. NAVEEN, SC, POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, ALONG WITH WP(C).12962/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 12962 OF 2021
PETITIONER:
SURESH .R
AGED 45 YEARS
S/O RAJAPPAN, KOLLAMPARAMBIL, VARANAM P.O.CHERTHALA,
ALAPPUZHA DISTRICT-688 555.
BY ADVS.
JOHN VARGHESE
A.L.GEORGE
RESPONDENTS:
1 STATION HOUSE OFFICER,
MUHAMMA POLICE STATION, CHERTHALA, ALAPPUZHA-688 525.
2 THANNIRMUKKAM GRAMA PANCHAYAT,
THANNIRMUKKAM P.O.CHERTHALA, ALAPPUZHA-688 527, REPRESENTED
BY ITS SECRETARY.
3 THE SECRETARY
THANNIRMUKKAM GRAMA PANCHAYAT, THANNIRMUKKAM P.O.CHERTHALA,
ALAPPUZHA-688 527
4 HEALTH INSPECTOR,
PRIMARY HEALTH CENTRE, THANNIRMUKKAM ,THANNIRMUKKAM
P.O.CHERTHALA, ALAPPUZHA-688 527,
5 POLLUTION CONTROL BOARD
THATHAMPALLY, ALAPPUZHA-688 013, REPRESENTED BY THE
DISTRICT OFFICER,
6 OMANA GOPINATH,
PATTACHIRAYIL, VARANAM P.O.CHERTHALA, ALAPPUZHA-688 555.
BY GOVT. PLEADER SRI.RAVIKRISHNAN
ADV. DARSAN SOMANATH
ADV. T. NAVEEN, SC, POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, ALONG WITH WP(C).13100/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) Nos.12962 & 13100 of 2021
==================
Dated this the 8th day of July, 2021
JUDGMENT
The petitioner in W.P.(C) No.13100/2021
(hereinafter referred to as "the petitioner"), has
approached this Court aggrieved by the memo issued
by the second respondent - Secretary of the
Panchayat requiring the petitioner to stop the
functioning of a poultry farm being conducted by
her. W.P.(C) No.12962/2021 is filed by the
neighbouring owner alleging illegal conduct of
poultry farm. He is the additional 4th respondent in
W.P.(C) No.13100/2021 (hereinafter referred to as
"the additional 4th respondent").
2. Ext.P2 in W.P.(C) No.13100/2021 is the
consent issued by the Pollution Control Board to
establish a poultry farm. The validity of Ext.P2
consent was up to 21.03.2019. As per Ext.P6, the
consent has been renewed and extended up to
28.02.2026. Admittedly the petitioner does not
possess a licence from the Panchayat. Though he had
W. P. (C) Nos.12962 & 13100 of 2021
submitted an application for licence, as evidenced
by Ext.P7 communication issued by the Secretary,
the application was defective for non-compliance of
various requirements. As evidenced by Exts.P11 and
P12, a fresh application has been submitted by the
petitioner on 28.06.2021, seeking issuance of
licence. The same is pending consideration.
3. The additional 4th respondent-petitioner in
W.P.(C) No.12962/2021 contends that, the conduct of
poultry farm in the property in question, which is
situated adjacent to his property, is illegal and
is causing nuisance and health hazards to the
petitioner and his family.
4. On consideration of the entire facts and
circumstances projected by the rival parties, the
following directions are issued:-
(1) The Pollution Control Board along with the
Health Inspector (respondents 5 and 4) in W.P.(C)
No.12962/2021 shall conduct a site inspection of
the premises in question and ascertain regarding
the feasibility of conducting the poultry farm in
question.
W. P. (C) Nos.12962 & 13100 of 2021
(2) The inspection shall be conducted with
notice to the petitioners in both the writ
petitions.
(3) The steps to be taken to abate the
nuisance, if any, caused shall be intimated to the
parties.
(4) On compliance with the said conditions/
directions, the application for issuance of licence
shall be considered and appropriate orders passed
thereon.
Let the proceedings be completed within a
period of two weeks from the date of receipt of a
copy of this judgment.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 12962/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE PETITION DATED 28.1.2021
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE INQUIRY REPORT DATED
25.3.2021 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED
29.5.2021
Exhibit P4 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
17.3.2021
Exhibit P5 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT DATED
29.4.2021
Exhibit P6 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 3RDRESPONDENT DATED
28.5.2021.
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WP(C) NO. 13100 OF 2021
APPENDIX
PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE PETITION DATED 28.01.21 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXT.P2 TRUE COPY OF THE INQUIRY REPORT DATED 25.03.21
ISSUED BY THE 4TH RESPONDENT.
EXT.P3 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.05.21.
EXT.P4 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.03.21.
EXT.P5 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT DATED 29.04.21.
EXT.P6 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.05.21.
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