Kerala High Court
M.A.Varghese vs District Collector 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. 20057 OF 2020
PETITIONER:
M.A.VARGHESE
S/O.AUSEPH,MELAPPILI HOUSE,PULIYANAM.P.O,
ANGAMALY,ERNAKULAM-683572.
BY ADVS.
BIJU ABRAHAM
SHRI.SHABEER ALI MOHAMED
SMT.LILIA JOHN
SMT.LAKSHMI MOHAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM-682030.
2 THE PARAKKADAVU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PIN-683579.
3 HEALTH INSPECTOR,
PUBLIC HEALTH CENTER,
PARAKKADAVU-683579.
4 THE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,GANDHI NAGAR,
ERNAKULAM-682020,
REPRESENTED BY THE ENVIRONMENT ENGINEER.
5 THE STATION HOUSE OFFICER,
CHENGAMANAD POLICE STATION,
CHENGAMANAD,
ERNAKULAM-683578.
6 PAULY AUGUSTINE,
S/O.AGASTHY,MELAPPILLI HOUSE,
PULIYANAM.P.O, ANGAMALY,
ERNAKULAM-683572.
WP(C) NO. 20057 OF 2020
2
BY ADVS.
SRI.S.RENJITH
SRI.RAJIT
SRI.T.NAVEEN, 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. 20057 OF 2020
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 20057 of 2020
----------------------------------------------
Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(A) A writ of mandamus or any other
appropriate writ, order or direction commanding
respondents 2 and 3 to stop the functioning of the
farm run by the 6th respondent forthwith.
(B) A writ of mandamus or any other
appropriate writ, order or direction commanding
respondents 1,4 and 5 to see that the farm
conducted by the 6th respondent is not operated
with the present condition and the functioning of the
said farm is not causing any environmental
pollution, nuisance or inconvenience to the
petitioner.
(C) Any other appropriate writ, order or
directions as this Hon'ble court deem fit on the fact
and in the circumstances of the case and allow this
petition with cost."[SIC]
2. When this writ petition came up for
WP(C) NO. 20057 OF 2020
consideration on 06.10.2020, this Court passed the
following order:
"Admit
Government Pleader takes notice for
respondents 1, 3 and 5. Standing counsel takes
notice for the fourth respondent. Issue notice by
speed post to the sixth respondent.
Despite notice by e-mail, the second
respondent has not entered appearance. The
petitioner to take out notice again to the second
respondent by speed post.
It is seen prima facie from the materials on
record that the sixth respondent is running the farm
referred to in the writ petition without licence.
In the circumstances, there will be an interim
order as prayed for."
3. The counsel for the petitioner submitted
that, without a license, the 6th respondent is running a
cattle farm. In the light of the above interim order, the
6th respondent can not conduct cattle farm without
getting proper license from the 2nd respondent. The
2nd respondent will make it sure that the 6 th respondent
is not conducting any cattle farm without getting
permission from the statutory authorities. The 6 th
WP(C) NO. 20057 OF 2020
respondent is free to submit a fresh application before
the 2nd respndent for getting permission and if such an
application is received, the 2nd respondent is free to
pass appropriate orders in accordance to law. The
counsel for the 6th respondent has got a contention
that there is a deemed license. That also will be
considered by the 2nd respondent at the time of
considering the new application.
Therefore this writ petition is disposed of in the
following manner:
i. The interim order dated 06.10.2020 is
made absolute.
ii. The 6th respondent is free to file a license
application for conducting a cattle farm before the
2nd respondent and if such an application is
received, the 2nd respondent will consider the same
and pass appropriate orders in accordance to law.
iii. The 2nd respondent will consider the
question regarding the entitlement of the deemed
WP(C) NO. 20057 OF 2020
license to the 6th respondent, if the application was
pending and no orders are passed in it within the
time prescribed. This should be done within a
period of two weeks from the date of receipt of a
copy of this judgment.
(iv) Till then the status quo as on today will
continue.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 20057 OF 2020
APPENDIX OF WP(C) 20057/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS 1 TO 4,DATED
05.07.2020.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED
03.07.2020 OF THE HEALTH INSPECTOR
OF PUBLIC HEALTH CENTER,PARAKKADAVU
EXHIBIT P3 A TRUE COPY OF THE NOTICE SEND BY
THE 2ND RESPONDENT PANCHAYATH TO THE
6TH RESPONDENT DATED 17.07.2020
EXHIBIT P4 A TRUE COPY OF THE REQUEST MADE BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 16.07.2020
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION
GIVEN BY THE 2ND RESPONDENT DATED
18.08.2020
EXHIBIT P6 A TRUE COPY OF THE REPLY GIVEN BY
THE 2ND RESPONDENT DATED 07.09.2020.
RESPONDENT EXHIBITS
EXHIBIT R2 A TRUE COPY OF THE NOTICE DATED
19.10.2020 ISSUED BY THIS REPONDENT
TO 6TH RESPONDENT.
EXHIBIT R2 B TRUE COPY OF THE LETTER ISSUED BY
THE PANCHAYAT DATED 02.11.2020 TO
THE POLLUTION CONTROL BOARD.
EXHIBIT R2 C TRUE COPY OF THE LETTER DATED
06.11.2020 OF VETERINARY SURGEON
KURUMASSERY
EXHIBIT R2 D TRUE COPY OF THE NOTICE DATED
WP(C) NO. 20057 OF 2020
30.12.2020 ISSUED BY THIS REPONDENT
TO 6TH RESPONDENT.
EXHIBIT R2 E TRUE COPY OF THE LETTER ISSUE DBY
THE POLLUTION CONTROL BOARD DATED
20.01.2021
//TRUE COPY//
PA TO JUDGE
