Kerala High Court
Pauly Augustin vs The Secretary, Parakkadavu Grama ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 598 OF 2021
PETITIONER:
PAULY AUGUSTIN
AGED 52 YEARS
S/O.AGASTHY, MELAPILLI HOUSE, PULIYANAM P.O., ANGAMALY,
ERNAKULAM-683 572.
BY ADVS.
RAJIT
SMT.LEKSHMI P. NAIR
RESPONDENTS:
1 THE SECRETARY, PARAKKADAVU GRAMA PANCHAYATH,
PULIYANAM ANGAMALY, ERNAKULAM-683 579.
2 M.A.VARGHESE,
S/O.AUSEPH, MELAPIPILLIL HOUSE, PULIYANAM P.O.,
ANGAMALY, ERNAKULAM-683 572.
BY ADVS.
SRI.S.RENJITH
SRI.BIJU ABRAHAM, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 598 OF 2021
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 598 of 2021
----------------------------------------------
Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Call for the records leading up to Ext-P6 and
quash Ext-P6 by issuance of a writ of certiorari or any
other appropriate writ order or direction.
(ii) Issue a writ of Mandamus or any other
appropriate writ, order or direction to the 1 st
Respondent to consider the application for license, as
evidenced by Ext-P5, submitted by the Petitioner as
expeditiously as possible.
(iii) Declare that the petitioner is entitled to a
deemed license in respect of the application filed by
the petitioner for license, as evidenced by ext-P5 and
direct the 1st respondent to issue necessary certificate
to the said effect.
(iv) Issue a writ of mandamus or any other
appropriate writ order or direction to the 1 st
respondent, restraining the 1st respondent from
initiating the removal of the Cattles/cows from M/s
Anna Poultry Farm, pending consideration of the
application of renewal submitted by the Petitioner.
(v) Grant such other relief deemed fit to this
WP(C) NO. 598 OF 2021
Hon'ble Court."[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that the petitioner wants to submit a fresh
application for getting permission for conducting a cattle
farm because of the amendment in the Building Rules.
Therefore, the prayers in the writ petition are probably
infructuous. The petitioner produced Ext.P11 order
passed by the 1st respondent, in which it is stated that,
since the case is pending before this Court, the
application for poultry farm can not be considered. That
stand of the Panchayath can not be accepted. The
prayer in the writ petition is for entirely a different thing.
The petitioner has got a case that he was having license
to conduct a poultry farm. His application for renewal of
the license is not considered by the Panchayath. The
Panchayath is bound to consider the application for
renewal of the license, in accordance to law, after giving
an opportunity of hearing to the petitioner.
Therefore this writ petition is disposed of in the
WP(C) NO. 598 OF 2021
following manner:
i. All the contentions regarding the license
required for the cattle farm is left open.
ii. There will be a direction to the 1 st
respondent to consider the application submitted by
the petitioner for renewing the license for the poultry
farm, as expeditiously as possible, at any rate, within
a period of two weeks from the date of receipt of a
copy of this judgment.
iii. Before passing final order, an opportunity
of hearing should be given to the 2 nd respondent by
the 1st respondent.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 598 OF 2021
APPENDIX OF WP(C) 598/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CONSENT GRANTED BY
THE POLLUTION CONTROL BOARD.
EXHIBIT P2 A TRUE COPY OF THE RENEWAL
CERTIFICATE OF EXT.P1 ISSUED BY THE
POLLUTION CONTROL BOARD.
EXHIBIT P3 A TRUE COPY OF ONE OF THE LICENSE
DATED 25.09.2015 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 1ST RESPONDENT EVIDENCING FACT.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 1ST RESPONDENT EVIDENCING THE
RECEIPT OF APPLICATION FOR LICENSE
DATED 27.10.2020.
EXHIBIT P6 A TRUE COPY OF THE ABOVE ORDER DATED
30.12.2020.
EXHIBIT P7 A TRUE COPY OF THE LICENSE ISSUED
EXHIBIT P8 A TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE KLMSME-8651/2021 ISSUED
BY THE GENERAL MANAGER, DISTRICT
INDUSTRIES CENTRE, ERNAKULAM DATED
15.11.2021.
EXHIBIT P9 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT IS PRODUCED HEREWITH AS
EXHIBIT P9.
EXHIBIT P10 A TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL BOARD
IS PRODUCED HEREWITH AS EXHIBIT P10.
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED
31/03/2022 IS PRODUCED HEREWITH
EXHIBIT P11.
WP(C) NO. 598 OF 2021
EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 20-
05-2022 IS PRODUCED HEREWITH AS
EXHIBIT P12.
RESPONDENT EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE NOTICE ISSUED BY
THE HEALTH OFFICER TO THE PETITIONER
DATED 17-07-2020.
EXHIBIT R2(B) THE SKETCH SHOWING THE LOCATION OF
PRESENT CATTLE SHED.
EXHIBIT R2(C) A TRUE COPY OF THE NOTICE SENT BY
REGISTERED POST TO THE 1ST RESPONDENT
BY MY ADVOCATE DATED 21-12-2020
EXHIBIT R2(D) A TRUE COPY OF THE REPORT DATED 22-
03-2022 OF THE FAMILY HEALTH CENTER,
PARAKKADAVU DATED 22-03-2022.
EXHIBIT R2(E) A TRUE COPY OF THE NOTICE DATED 09-
03-2022 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER.
EXHIBIT R2(F) A TRUE COPY OF THE NOTICE DATED 16-
05-2022 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER.
PETITIONER EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF THE NOTICE DATED
02.11.2020 ISSUED BY THE SECRETARY OF
THE PANCHAYAT TO THE PETITIONER.
EXHIBIT R1(B) A TRUE COPY OF THE LETTER ISSUED BY
THE PANCHAYAT DATED 02.11.2020 TO THE
POLLUTION CONTROL BOARD.
EXHIBIT R1(C) A TRUE COPY OF THE NOTICE DATED
19.10.2020 ISSUED BY THIS RESPONDENT
TO PETITIONER.
EXHIBIT R1(D) A TRUE COPY OF THE LETTER DATED
WP(C) NO. 598 OF 2021
6.11.2020 OF VETERINARY SURGEON
KURUMASSERY.
EXHIBIT R1(E) TRUE COPY OF THE LETTER ISSUED BY THE
POLLUTION CONTROL BOARD DATED
20.01.2021.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
