Ramankutty vs The Secretary
2022 Latest Caselaw 8329 Ker

WP(C) NO. 10504 OF 2021            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                          WP(C) NO. 10504 OF 2021
PETITIONER/S:
     1    RAMANKUTTY
          AGED 69 YEARS
          S/O. CHACHUNNIMENON, THEKKETHIL HOUSE, ALIPARAMBU
          P.O, ANAMANGADU, PERINTHALAMANNA TALUK, MALAPPURAM
          DISTRICT.

      2        GOPALAKRISHNAN
               AGED 72 YEARS
               S/O.LATE KUNJUNNIMENON
               THEKKETHIL HOUSE, ALIPARAMBU P.O, ANAMANGADU,
               PERINTHALAMANNA TALUK, MALAPPURAM DISTRICT.

               BY ADV P.JAYARAM


RESPONDENT/S:
     1    THE SECRETARY,
          ALIPARAMBU GRAMA PANCHAYATH, P.O ALIPARAMBU,
          PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PINCODE
          679 357

      2        HAMZA
               AGED 50 YEARS
               S/O. MOIDEENKUTTY HANJI, KOLAMBIL HOUSE, THEKKEPURAM
               VAZHENKADA P.O, MALAPPURAM DISTRICT PINCODE 679 357

               BY ADVS.
               K.M.JAMALUDHEEN-R1
               LEEJOY MATHEW.V. (K/1005/2003)-16895, R2
               SABU S.KALLARAMOOLA
               LATHA PRABHAKARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10504 OF 2021               2




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.10504 of 2021
                       --------------------------------------
                   Dated this the 1st day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i) Issue a writ of certiorari or other appropriate writ, direction or order quashing Ext P1 order.

ii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 1 st respondent to consider the application of the 2nd respondent afresh following the procedure laid down in Rule 6(3)(ii) of Kerala Panchayath Raj (Licensing of Livestock Farms) Rules 2012 affording an opportunity of hearing to the petitioners.

iii) Grant such other reliefs found just and proper in the facts and circumstances of the case." [SIC]

2. Even though the main prayer in the writ petition is

against Ext.P1 order of the Tribunal, the 2 nd prayer is to issue a

direction to the 1st respondent to consider the application of the

2nd respondent afresh following the procedure laid down in Rule

6(3) (ii) of the Kerala Panchayath Raj (Licensing of Livestock

Farms) Rules, 2012 after affording an opportunity of hearing to

the petitioners. As per Ext.P1 order, the Tribunal allowed the

appeal and was pleased to set aside Annexure-P12 impugned

order dated 11.4.2016 and the respondent-Panchayat is

directed to permit the appellant to run the poultry farm as per

the permit issued by the respondent and also the 1 st respondent

to issue license in favour of the appellant after reconsidering

Annexure-P9 application. There is a time limit also to pass the

final orders. In effect, the Tribunal directed to reconsider the

application and the 2nd prayer in the writ petition is to give an

opportunity of hearing to the petitioners also. That prayer can

be allowed.

Therefore, this writ petition is disposed of directing the 1 st

respondent to hear the petitioners also, while passing orders as

directed by the Tribunal in Ext.P1 order.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 10504/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DT 27-03-2021 IN APPEAL NO. 701/2016 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DIRECTING THE 1ST RESPONDENT GRAMAPANCHAYAT TO GRANT LICENSE TO 2ND RESPONDENT FOR RUNNING A POULTRY FARM.

EXHIBIT P2 TRUE COPY OF THE REPORT AND PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A NO. 298/2018 IN APPEAL NO. 701/2016 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

RESPONDENT'S EXHIBITS

EXHIBIT R2(A) TRUE COPY OF THE SALE DEED NO.2210/1/2015 OF PERINTHALMANNA SRO

EXT.R2(B) TRUE COPY OF THE LETTER DATED 29.7.2015

EXT.R2(C) TRUE COPY OF CONSENT TO OPERATE DATED 17.6.2015 ISSUED BY PCB

EXT.R2(D) TRUE COPY OF SANITARY CERTIFICATE DATED 19.8.2015

EXT.R2(E) TRUE COPY OF THE CERTIFICATE DATED 31.7.2015ISSUED BY VETERINARY SURGEON

EXT.R2(F) TRUE COPY OF THE CERTIFICATE DATED 6.4.2016 ISSUED BY VETERINARY SURGEON

EXT.R2(G) TRUE COPY OF THE LETTER DATED 11.4.2016 BY THE 1ST RESPONDENT