Lissy Jose vs The State Of Kerala
2021 Latest Caselaw 20655 Ker

Citation : 2021 Latest Caselaw 20655 Ker
Judgement Date : 5 October, 2021

Kerala High Court

Lissy Jose vs The State Of Kerala on 5 October, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 5TH DAY OF OCTOBER 2021/13TH ASWINA, 1943
                      WP(C) NO. 3429 OF 2021


PETITIONER:

         LISSY JOSE, AGED 52 YEARS,
         W/O. JOSE, PARAMBEN HOUSE,
         WEST KORATTY DESOM,
         THRISSUR DISTRICT - 680 308.

         BY ADV RAPHAEL THEKKAN


RESPONDENTS:

    1    THE STATE OF KERALA REP. BY
         THE SECRETARY TO THE GOVERNMENT,
         LOCAL GOVERNMENT DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT - 695 001.

    2    ANNAMANADA GRAMA PANCHAYATH,
         REP. BY ITS SECRETARY,
         ANNAMANADA P.O.,
         THRISSUR DISTRICT - 680 741.

    3    HEALTH INSPECTOR,
         ANNAMANADA GRAMA PANCHAYATH,
         ANNAMANADA P.O.,
         THRISSUR DISTRICT - 680 741.

    4    RAJU, AGED 59 YEARS, W/O. KUNJAN,
         KANNAYADI HOUSE, WEST KORATTY DESOM,
         THRISSUR DISTRICT - 680 308.

         R1 BY SRI.SYAMANTHAK B.S., G.P.
         R2-R3 BY ADV.SRI.O.D.SIVADAS, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.3429/2021

                                2




                          JUDGMENT

Dated this the 5th day of October, 2021

The petitioner is aggrieved by the conduct of

respondents 2 and 3 in not taking any action against the 4 th

respondent even after finding that the 4th respondent is

conducting a Cattle Farm illegally and unauthorisedly. The

petitioner seeks to command the 2 nd respondent to take

appropriate action against the 4th respondent on the basis

of Ext.P5 Report.

2. The petitioner states that he is aged 52 years

and is a Cancer patient undergoing Chemotherapy. The 4 th

respondent owns neighbouring land having an extent of 22

cents. The said land is on the western side of the

petitioner's residence. A Cattle Farm is illegally and

unauthorisedly functioning in the said property. WP(C)No.3429/2021

3. The petitioner submitted complaints before

various authorities since the Cattle Farm is not maintained

properly keeping hygiene requirements. Based on the

complaints of the petitioner, the Health Inspector made a

site visit and submitted Ext.P5 Report to the Secretary to

the Grama Panchayat. Inspite of the recommendations of

the Medical Officer, the 4th respondent is carrying on his

illegal activities.

4. The petitioner would state that based on a

complaint preferred by the petitioner before the Chief

Minister's Office, the Secretary to the Grama Panchayat

issued Ext.P6 communication in which it has been stated

that the 4th respondent is taking steps to remedy the

situation.

5. Though notice was served on the 4th respondent,

when this writ petition was called today, there was no

representation.

WP(C)No.3429/2021

6. Ext.P5 Report of the Medical Officer would show

that the dung and waste produced in the Cattle Farm are

flushed out to the nearby properties. There is no scientific

arrangement to process the waste. Ext.P5 would show that

the 4th respondent has been given written direction in this

regard. Even after giving direction, the 4 th respondent has

not taken effective steps to remedy the situation. The

Medical Officer conducted yet another inspection after one

week and found that the health hazards still subsists.

7. Ext.P6 communication by the Secretary to the

Grama Panchayat, addressed to the petitioner, would

indicate that the 4th respondent is taking some steps to

store cow dung. However it is not clear whether the steps

taken by the 4th respondent would suffice the statutory

requirements.

In such circumstances, the writ petition is disposed of

afresh and ensure that the cow dung and waste generated

in the Cattle Farm is processed properly averting any kind

of pollution affecting the petitioner. The 2 nd respondent -

Grama Panchayat also should ensure that the 4 th

respondent is conducting the Cattle Farm obtaining all

requisite licences and complying with all pollution control

measures.

Sd/-

APPENDIX OF WP(C) 3429/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT BEARING NO.4336/06 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 DATED 21.11.2006.

EXHIBIT P2          TRUE COPY OF THE COMPLAINT DATED
                    14.12.2020    BEFORE     THE     DISTRICT
                    COLLECTOR,   THRISSUR      IS    PRODUCED

HEREWITH AND MARKED AS EXHIBIT P2.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 19.12.2020 BEFORE THE 2ND RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 08.12.2020 BEFORE THE 3RD RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4.

EXHIBIT P5          TRUE COPY OF THE REPORT SUBMITTED BY
                    THE   3RD   RESPONDENT     IS    PRODUCED
                    HEREWITH AND MARKED AS EXHIBIT P5
                    DATED 16.01.2021.
EXHIBIT P6          TRUE   COPY   OF   THE    NOTICE    DATED
                    08/02/2021.