Kerala High Court
Raveendran vs State Of Kerala on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF JULY 2021/24TH ASHADHA, 1943
W.P.(C)NO.2557 OF 2021
PETITIONER:
RAVEENDRAN, AGED 74 YEARS,
S/O.DAMODARAN, KUNNEL HOUSE, KURINJI P.O,
VELLAMNEEKKIPARA, PURAPUZHA VILLAGE,
IDUKKI DISTRICT 685 608
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
PRAVEEN S.
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
K.V.GEORGE
STEPHY K.REJI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 PURAPUZHA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
GRAMA PANCHAYATH OFFICE, VAZHITHALA P.O,
THODUPUZHA, IDUKKI 685 583.
3 THE SECRETARY,
PURAPUZHA GRAMA PANCHAYATH,
GRAMA PANCHAYATH OFFICE, VAZHITHALA P.O,
THODUPUZHA TALUK, IDUKKI DISTRICT 685 583.
4 THE HEALTH INSPECTOR,
COMMUNITY HEALTH CENTER, PURAPUZHA P.O,
THODUPUZHA, IDUKKI 685 583.
5 THE ENVIRONMENTAL ENGINEER,
THE KERALA STATE POLLUTION CONTROL BOARD,
THODUPUZHA, IDUKKI 685 584.
6 THE STATION HOUSE OFFICER,
KARIMKUNNAM POLICE STATION, KARIMKUNNAM P.O,
THODUPUZHA TALUK, IDUKKI DISTRICT 685 586.
WP(C) Nos.2557 & 4258 of 2021
:2 :
7 MURALIKRISHNAN M.G,
MUTTIYANIKUNNEL HOUSE, KUNINJI KARA,
KARIMKUNNAM P.O, THODUPUZHA TALUK,
IDUKKI DISTRICT 685 586.
BY ADVS.
SRI.REJI GEORGE - FOR R7
SRI.RAMU RAJENDRAN - FOR R7
SRI.BINOY DAVIS - FOR R7
SRI.T.NAVEEN, SC - FOR R5
SRI.SHYSAN P.MANGUZGA, SC - FOR R2 & R3
SMT.G.RANJITA, GOVERNMENT PLEADER,
FOR R1, R4 & R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2021 ALONG WITH W.P(c)No.4258/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.2557 & 4258 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF JULY 2021/24TH ASHADHA, 1943
W.P.(C)NO.4258 OF 2021
PETITIONERS:
1 SHEEJA MURALI, AGED 38 YEARS,
W/O.MURALIKRISHNA, MUTTIYANIKUNNEL HOUSE,
NELLAPPARA, KARIMKUNNAM P.O., PIN-685 586
2 MURALIKRISHNA.M.G., AGED 42 YEARS,
S/O.LATE M.K.GOPALAN, MUTTIYANIKUNNEL HOUSE,
NELLAPPARA, KARIMKUNNAM P.O., PIN-685 586
BY ADVS.
REJI GEORGE
RAMU RAJENDRAN
BINOY DAVIS
RESPONDENTS:
1 PURAPUZHA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
GRAMA PANCHAYATH OFFICE, VAZHITHALA P.O.,
THODUPUZHA, IDUKKI,PIN-685 583
2 THE SECRETARY,
PURAPUZHA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
GRAMA PANCHAYATH OFFICE, VAZHITHALA P.O,
THODUPUZHA, IDUKKI,PIN-685 583
3 THE ENVIRONMENTAL ENGINEER,
THE KERALA STATE POLLUTION CONTROL BOARD,
THODUPUZHA, IDUKKI, PIN-685 584
4 THE HEALTH INSPECTOR,
COMMUNITY HEALTH CENTRE, PURAPUZHA P.O.,
THODUPUZHA, IDUKKI,PIN-685 583
5 RAVEENDRAN, AGED 74 YEARS,
S/O.DAMODARAN, KUNNEL HOUSE, KURINJI P.O.,
VELLAMNEEKKIPARA, PURAPUZHA VILLAGE,
IDUKKI,PIN-685 608
WP(C) Nos.2557 & 4258 of 2021
4
BY ADVS.
SRI.SHYSAN P.MANGUZHA, SC FOR R1 & R2
SRI.NAVEEN.T - FOR R3
SRI.GEORGE MATHEW - FOR R5
SMT.ELSA DENNY PINDIS - FOR R5
SRI.PRAVEEN S. - FOR R5
SRI.SUNIL KUMAR A.G - FOR R5
SRI.DIPU JAMES - FOR R5
SRI.MATHEW K.T. - FOR R5
SRI.GEORGE K.V. - FOR R5
SMT.STEPHY K REGI - FOR R5
OTHER PRESENT:
SMT. G.RANJITA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2021 ALONG WITH W.P.(C)No.2557/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.2557 & 4258 of 2021
5
JUDGMENT
~~~~~~~~~
Dated this the 15th day of July, 2021
[WP(C) Nos.2557 & 4258 of 2021]
Both these writ petitions relate to same set of facts.
Hence, they are heard together and being disposed of by a
common judgment.
2. The petitioner in WP(C) No.2557/2021 states that
he is a resident of Purapuzha Grama Panchayat. The 7 th
respondent is conducting a piggery without obtaining statutory
permissions and licences. Due to foul smell emanating from
the illegal piggery, local residents are suffering and are facing
imminent health hazards. Based on the complaints made by
citizens, report was called for from the Health Inspector and a
Stop Memo was issued. But, the 7 th respondent is continuing
with the piggery to the detriment of the local residents.
3. Ext.P1 is a notice issued by the Health Inspector to
the 7th respondent requiring to run piggery only with
WP(C) Nos.2557 & 4258 of 2021
Panchayat Licence. Ext.P2 is the report of Medical Officer
addressed to the Secretary of Panchayat. Exts.P5 and P7
are Stop Memos issued by the Panchayat to the 7 th
respondent requiring to stop the Pig Farm within seven days.
Ext.P9 is a letter issued by the Secretary proposing to remove
all pigs from the farm before 23.02.2020. Ext.P12 is the
complaint submitted by the petitioner to the Secretary of the
Panchayat. The petitioner seeks to implement Exts.P1, P2,
P5, P7, P9 and P12.
4. The 7th respondent's wife along with the 7th
respondent filed WP(C) No.4258/2021. They urged that the
piggery was started with five piglets in the year 2019. The
petitioner in WP(C) No.2557/2021 wanted his wife to be made
a partner in the business. On refusal, the petitioner started to
file frivolous complaints against the Pig Farm. When the
pigs/piglets exceeded five, a licence had to be obtained under
the Kerala Panchayat Raj (Licensing of Livestock Farms)
Rules, 2012.
WP(C) Nos.2557 & 4258 of 2021
5. As a licence could not be obtained, they requested
the Panchayat to give 100 days time to remove the pigs. The
request was rejected as per Ext.P6. The 7 th respondent has
now constructed a new building for the pig farm and bio gas
plant also has been installed. But, the Panchayat rejected the
application for Occupancy Certificate. The 7 th respondent
cannot obtain a licence for the pig farm unless Occupancy
Certificate is issued, contended the 7 th respondent.
6. Heard the learned counsel for the petitioner in
WP(C) No.2557/2021, the learned Government Pleader
representing respondents 1, 4 and 6, the learned Standing
Counsel for respondents 2 and 3, the learned Standing
Counsel for the 5th respondent-Environmental Engineer and
the learned counsel for the 7 th respondent, who along with his
wife, has filed WP(C) No.4258/2021.
7. Necessity of a licence under the Kerala Panchayat
Raj (Licensing of Livestock Farms) Rules, 2012 to run a Pig
Farm is not disputed. The petitioners in WP(C) No.4258/2021
admittedly do not possess such a licence. The Environmental
WP(C) Nos.2557 & 4258 of 2021
Engineer of the Pollution Control Board has issued Ext.R3(a)
Memo to the Panchayat Secretary to take steps to stop the
illegal farm. As per Ext.R3(a), the Environmental Engineer
has directed the 7th respondent's wife to make good certain
shortcomings in the proposed Pig Farm. Ext.P18 consent to
operate has been issued by the Pollution Control Board
subsequently.
8. But, the Panchayat, as per Ext.P22, has taken a
stand that the petitioner's request for Occupancy Certificate
can be considered only after disposal of the writ petition which
is pending. The running of Pig Farm is admittedly illegal in
the absence of a Licence under the Kerala Panchayat Raj
(Licensing of Livestock Farms) Rules, 2012. At the same
time, the Panchayat authorities are bound to consider the
application of the 7th respondent for Occupancy Certificate in
accordance with law within a reasonable time.
In the facts and circumstances of the case, WP(C)
No.2557/2021 is disposed of directing the 7 th respondent to
stop the Piggery by removing the pigs/piglets within a period
WP(C) Nos.2557 & 4258 of 2021
of two weeks. In case the petitioners in WP(C) No.4258/2021
fail to do so, respondents 2 and 3 in WP(C) No.2557/2021
shall take immediate steps to stop the illegal Pig Farm.
WP(C) No.4258/2021 is disposed of directing respondents 1
and 2 therein to consider the application submitted by the
petitioners for issuance of Occupancy Certificate in
accordance with law and take appropriate decision thereon
within a period of three weeks.
Sd/-
N. NAGARESH, JUDGE
aks/25.08.2021
WP(C) Nos.2557 & 4258 of 2021
APPENDIX OF WP(C) 2557/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTICE NO.341/19 DTD 08-
04-2019 ISSUED BY 4TH RESPONDENT TO
7TH RESPONDENT
EXHIBIT P2 TRUE COPY OF LETTER NO.341/19 DTD 09-
04-2019 ISSUED BY 4TH RESPONDENT TO
3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE NOTICE NO.G7
1458/2019 DTD 05.09.2019 ISSUED BY 3RD
RESPONDENT TO 7TH RESPONDENT
EXHIBIT P4 TRUE COPY OF ENQUIRY REPORT DTD 28-09-
2019 OF 4TH RESPONDENT TO 3RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF STOP MEMO DTD 25-10-2019
ISSUED BY 3RD RESPONDENT TO 7TH
RESPONDENT
EXHIBIT P6 TRUE COPY OF REPLY DTD 05-11-2019
SUBMITTED BY 7TH RESPONDENT'S WIFE TO
EXT.P5
EXHIBIT P7 TRUE COPY OF THE NOTICE NO.G7
1458/2019 DTD 15.11.2019 ISSUED BY 3RD
RESPONDENT TO 7TH RESPONDENT
EXHIBIT P8 TRUE COPY OF LETTER NO.157/2020 DTD
20-02-2020 ALONG WITH ENQUIRY REPORT
OF 4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF NOTICE NO.G7-1458/19 DTD
20-02-2020 ISSUED BY 3RD RESPONDENT TO
4TH RESPONDENT
EXHIBIT P10 TRUE COPY OF LETTER NO.G6-1458/19 DTD
24-02-2020 ISSUED BY 3RD RESPONDENT TO
4TH RESPONDENT
EXHIBIT P11 TRUE COPY OF ENQUIRY REPORT DTD 02-03-
2020 SUBMITTED BY 4TH RESPONDENT TO
3RD RESPONDENT
EXHIBIT P12 TRUE COPY OF MASS PETITION DTD 14-01-
2021 SUBMITTED TO 3RD RESPONDENT.
EXHIBIT P13 TRUE COPY OF MASS PETITION DTD NIL
SUBMITTED TO 5TH RESPONDENT.
WP(C) Nos.2557 & 4258 of 2021
APPENDIX OF WP(C) 4258/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED
08.04.2019 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED
05.09.2019 ISSUED BY THE 2ND
RESPONDENT DIRECTING THE 2ND
PETITIONER
EXHIBIT P3 TRUE COPY OF THE REPORT DATED
28.09.2019 SUBMITTED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE STOP MEMO DATED
25.10.2019 ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
05.11.2019 SUBMITTED BY THE 1ST
PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE FRESH STOP MEMO DATED
15.11.2019 ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P7 TRUE COPY OF THE LICENSE
(SAMMATHAPATHRAM) DATED 16.12.2019
ISSUED BY THE 2ND PETITIONER TO THE
1ST PETITIONER
EXHIBIT P8 TRUE COPY OF CONSENT TO ESTABLISH
DATED 29.01.2020 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P8A A TRUE COPY OF BUILDING PERMIT NO.G3-
P/54/5141/19 DATED 12.03.2020 ISSUED
BY THE 2ND RESPONDENT TO THE 2ND
PETITIONER
EXHIBIT P9 TRUE COPY OF THE COMPLETION
CERTIFICATE DATED 20.10.2020 ISSUED BY
THE SUPERVISOR SRI.BINOY JOSEPH TO THE
2ND PETITIONER
EXHIBIT P10 TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY M/S.BIO-NIRMAN,
THODUPUZHA, CERTIFYING THAT THE
CONSTRUCTION OF THE BIO-GAS PLANT
(SIZE 6M3) WAS COMPETED ON 25.08.2020
EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED
14.01.2021 SUBMITTED BY THE 5TH
RESPONDENT TO THE 2ND RESPONDENT
WP(C) Nos.2557 & 4258 of 2021
EXHIBIT P12 TRUE COPY OF THE COMPLAINT DATED
15.01.2021 SUBMITTED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT
STYLED AS A MASS PETITION
EXHIBIT P13 TRUE COPY OF THE LETTER DATED
18.01.2021 SUBMITTED BY THE 1ST
PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P14 TRUE COPY OF ORDER NO.G3-334/20 DATED
05.02.2021 ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER
REJECTING HIS APPLICATION FOR
OCCUPANCY CERTIFICATE
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED
05.02.2021 ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER
