Kerala High Court
Kuriakose. K.Varghese vs District Collector on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021/14TH ASWINA, 1943
WP(C) NO. 1512 OF 2021
PETITIONER:
KURIAKOSE K.VARGHESE,
S/O VARGHESE V. KURIAKOSE,
AGED 37 YEARS, VELAKKATTU KUZHIYIL VEEDU,
EZHIPRAM, SOUTH MAZHUVANNUR P O, PIN-686 669.
BY ADV SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENTS:
1 DISTRICT COLLECTOR, ERNAKULAM,
CIVIL STATION, KAKKANAD P.O., PIN-682 030.
2 MAZHAVANNUR GRAMA PANCHAYATH,
MAZHAVANNUR, AIRAPURAM P.O., PIN-683 541.
REPRESENTED BY ITS SECRETARY.
3 SECRETARY, MAZHAVANNUR GRAMA PANCHAYATH,
MAZHAVANNUR, AIRAPURAM P.O., PIN-683 541.
4 VARGHESE, S/O MATHEW, AGE NOT KNOWN
TO THE PETITIONER, PATTAMATTIL HOUSE,
SOUTH MAZHUVANNUR P.O.,
EZHIPRAM KARA, PIN-686 691.
BY ADVS.
R1 SRI.VIPIN NARAYANAN SR.G.P.
R2-R3 DR.ABRAHAM P.MEACHINKARA
R4 SRI.BOBBY MATHEW KOOTHATTUKULAM
R4 SMT.V.S.ARCHANA CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.1512/2021
2
JUDGMENT
Dated this the 6th day of October, 2021
The petitioner who is a resident of Ward No.15 of
Mazhuvannur Grama Panchayat has filed this writ petition
seeking to command respondents 1 and 3 to direct the 4 th
respondent to stop the functioning of the Dairy Farm run by
the 4th respondent without proper licence.
2. The petitioner states that the 4th respondent is
the owner of 5 cents of property on the northern boundary
of the petitioner's property. The 4 th respondent is running a
Dairy Farm with 15 cows. The Dairy Farm is being run
without obtaining any licence required under Kerala
Panchayat Raj Act (Licence to Livestock Farms) Rules,
2012. According to the petitioner, cow dung and other
waste effluent materials are seeping into the property of the
WP(C)No.1512/2021
petitioner, contaminating the drinking water available to the
petitioner. In such circumstances, the petitioner has filed
Ext.P4 complaint before the District Collector and Ext.P5
complaint before the Secretary, Mazhuvannur Grama
Panchayat. The petitioner seeks appropriate directions.
3. The 4th respondent entered appearance in the
writ petition and controverted all the material allegations
made in the writ petition. The learned Standing Counsel for
respondents 2 and 3 submitted that since the petitioner has
filed Ext.P5 representation, respondents 2 and 3 have no
objection in considering the said representation in
accordance with law after hearing the affected parties. In
such circumstances, this Court is of the view that the writ
petition can be disposed of with directions to respondents 2
and 3.
The writ petition is therefore disposed of directing the
3rd respondent to consider Ext.P5 complaint submitted by
WP(C)No.1512/2021
the petitioner after hearing the petitioner as well as the 4 th
respondent. A decision in this regard shall be taken within
a period of six weeks.
Sd/-
N. NAGARESH
JUDGE
ncd/06.10.2021
WP(C)No.1512/2021
APPENDIX OF WP(C) 1512/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED
18/01/2020 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED
19/02/2020 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPORT DATED
9/11/2020 ISSUED BY THE REGIONAL
ANALYTICAL LABORATORY, KAKKANAD.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED
TO THE 1ST RESPONDENT DATED
13.01.2021 BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED
TO THE 3RD RESPONDENT ALSO DATED
13.01.2021 BY THE PETITIONER.
