Prathapan Achari vs Revenue Divisional Officer, ...
2022 Latest Caselaw 9216 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         WP(C) NO. 36803 OF 2009
PETITIONER:

              PRATHAPAN ACHARI
              AGED 43 YEARS, S/O. LATE KOCHUKRISHNAN,
              VELLAPPALLIYIL,, NEENDOOR, KOTTAYAM.

              BY ADV SRI.M.J.THOMAS


RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER, KOTTAYAM

     2        THE NEENDOOR GRAMA PANCHAYATH
              NEENDOOR, REPRESENTED BY ITS SECRETARY.

     3        THE SECRETARY
              NEENDOOR GRAMA PANCHAYATH,, NEENDOOR, KOTTAYAM.

     4        THE CHOZHIYAPARA PADASEKHARA
              NELLULPADAKA SAMITHI, KAIPUZHA,
              REPRESENTED BY ITS SECRETARY, THOMAS MUKALAL,
              MUKALAL HOUSE, KAIPUZHA.P.O, KOTTAYAM.

              BY ADVS.
              SRI.DELEEP RAJ
              SRI.K.S.MURALIKRISHNAN NAIR
              SMT.A.PARVATHI MENON
              SRI.T.M.RAMAN KARTHA
              SRI.P.SANJAY

              SMT.VIDYA KURIAKOSE -GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36803 OF 2009
                                     2


                               JUDGMENT

This writ petition is filed with the following prayers:

"I) call for the records leading to Ext.P8 and quash Ext.P8 by issuance of a writ of certiorari or other appropriate writ or order;

ii) direct the 1st respondent not to implement Ext.P8 for one month so that the petitioner gets a reasonable opportunity to challenge Ext.P8;

iii) issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to issue licence to the petitioner for conducting piggery under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996; and

iv) grant such other reliefs, as this Hon'ble Court may deem just and proper in the interest of justice, including costs."

When this writ petition came up for consideration on

17.08.2015 this Court passed the following order:

"W.P.(C) No.36803 of 2009 was filed by the petitioner seeking a writ of certiorari to quash Ext.P8 order passed by the Revenue Divisional Officer dated 20.11.2009 and also seeking a writ of mandamus directing the 2nd respondent to issue licence to the petitioner for conducting piggery under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996.

WP(C) NO. 36803 OF 2009

2. By order dated 18.12.2009 this Court granted an interim stay of Ext.P8 order dated 20.11.2009 and all further proceedings pursuant thereto, for a period of two months.

3. Later by order dated 24.3.2010 the aforesaid interim order was vacated. The said order reads thus:

"Heard the learned counsel for the petitioner and the learned counsel for the 4 respondent. The petitioner is aggrieved by Exhibit P8 order issued by the Revenue Divisional Officer, whereby a direction has been issued to stop the piggery being conducted by the petitioner, in violation of the various instructions and the complaints regarding pollution. There is a further direction to demolish the shed wherein the pigs are kept.

2. The learned counsel for the 4th respondent submitted that the piggery is being conducted without getting any licence from any of the statutory authorities and in spite of various actions taken by the Panchayat, the petitioner is continuing to do the business, in violation of the directions issued. Exhibits R4(a) and R4 (b) are relied upon by the learned counsel for the 4th respondent.

3. The learned counsel for the petitioner submitted that against the rejection of the application for licence by the Panchayat as per Exhibit P2, an appeal has been filed before the Committee of the Panchayat as per Exhibit P4 and by Exhibit P9 they were informed that in the light of WP(C) NO. 36803 OF 2009

the pendency of the Writ Petition, the appeal is not being considered. It is further submitted that the petitioner is prepared to stop the conduct of the piggery, but, he may be allowed to prosecute the applications for licence and the appeal pending before the Committee of the Panchayat. In that view of the matter, the interim order is vacated. But the petitioner's shed will not be removed awaiting orders to be passed by the various authorities on the applications for grant of permit/licence. The learned counsel for the petitioner submitted that he has already filed W.P. (C)No.9700/10 challenging Exhibit P9 produced along with the reply affidavit. Therefore, post this Writ Petition along with W.P.(C)No.9700/2010.

In the light of the above, the petitioner will forth with stop the conduct of the piggery and the pigs will be disposed of at the earliest."

4. Today when the case was taken up for final hearing, it was pointed out by the learned counsel for the 4th respondent that, inspite of the specific orders passed by this Court dated 24.03.2010 the petitioner is even now conducting piggery without obtaining necessary licence from the Grama Panchayat. Then the learned counsel for the petitioner would submit that, the petitioner is not conducting any piggery and he stopped piggery in compliance with the direction contained in the interim order passed by this Court dated 24.03.2010.

WP(C) NO. 36803 OF 2009

In such circumstances, the learned Government Pleader is directed to get a report from the Revenue Divisional Officer, Kottayam as to whether the petitioner is conducting anypiggery in the land in question. The Revenue Divisional Officer shall submit a report in this regard after conducting a local inspection. The report shall be filed within a period of three weeks."

Thereafter no specific orders are passed in the writ petition.

Moreover, the only prayer in the writ petition is to grant time to

challenge Ext.P8. The writ petition is pending before this Court

from 2009 onwards. Therefore, this writ petition is closed

recording the order dated 17.08.2015. The petitioner cannot

conduct piggery without getting adequate permits and license from

statutory authority.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 36803 OF 2009

APPENDIX OF WP(C) 36803/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPORT DATED 23/10/2008 SUBMITTED BY THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ONAMTHURUTHU TO THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 12/11/2007 ISSUED BY HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, ONAMTHURUTHU

Exhibit P3 TRUE COPY OF THE LETTER DATED 1/11/2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit-P5 TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT

Exhibit-P6 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENTS

Exhibit-P7 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

Exhibit-P8 TRUE COPY OF THE ORDER DATED 20/11/2009 PASSED BY THE 1ST RESPONDENT

Exhibit P9 TRUE COPY OF THE LETTER DATED 16.1.2010 ISSUED BY THE 2ND RESPONDENT

RESPONDENT EXHIBITS

Exhibit R4A REPORT OF THE GRAMA PANCHAYATH SECRETARY, NEENDOOR

Exhibit R4B REPORT OF THE VILLAGE OFFICER, ONAMTHURUTHU

Exhibit R4C TRUE COPY OF THE LETTER DATED 01.09.2015