Kerala High Court

Ambara Poultry Farm Represented ... vs State Of Kerala Represented By Its ... on 8 June, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                  WP(C) NO. 14020 OF 2022
PETITIONER/S:

    1     AMBARA POULTRY FARM REPRESENTED BY ITS SOLE
          PROPRIETOR JANAKI PATTAYIL
          AGED 65 YEARS
          W/O KUMARANKUTTY NALATT, NALLATT HOUSE,
          KUTTIPPURAM, KUTTIPPURAM P.O., MALAPPURAM, PIN -
          676503
    2     JANAKI PATTAYIL
          AGED 65 YEARS
          W/O KUMARANKUTTY NALATT, NALLATT HOUSE,
          KUTTIPPURAM, KUTTIPPURAM P.O., MALAPPURAM, PIN -
          676503
          BY ADVS.
          THAREEQ ANVER K.
          K.SHAMSUDHEEN
          K.SALMA JENNATH
          ARUN CHAND
          K.C.KHAMARUNNISA
          RASSAL JANARDHANAN A.
          GOVIND G. NAIR
          SHAHNOY SHAJI


RESPONDENT/S:

   1      STATE OF KERALA REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF INDUSTRIES AND COMMERCE
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
          695001, PIN - 682031
   2      MALAPPURAM DISTRICT COLLECTOR
          CIVIL STATION, MALAPPURAM, PIN - 676505
   3      KERALA STATE POLLUTION CONTROL BOARD REPRESENTED
          BY ITS CHAIRMAN
          THIRUVANANTHAPURAM, PIN - 695001
   4      KERALA STATE POLLUTION CONTROL BOARD REPRESENTED
          BY ENVIRONMENTAL ENGINEER
                                        -2-
W.P.(C). Nos. 14020 & 14140 of 2022



              DISTRICT OFFICE, UP HILL P.O., MALAPPURAM, PIN -
              676505
      5       ENVIRONMENTAL ENGINEER
              KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
              OFFICE, UP HILL P.O., MALAPPURAM, PIN - 676505
      6       KOTTAKKAL MUNICIPALITY REPRESENTED BY ITS
              SECRETARY
              B.H. ROAD, KOTTAKKAL, MALAPPURAM, PIN - 676503
      7       SECRETARY, KOTTAKKAL MUNICIPALITY
              B.H. ROAD, KOTTAKKAL, MALAPPURAM, PIN - 676503
OTHER PRESENT:

              SMT. DEEPA NARAYANAN, SR. GP
              SRI.NAVEEN.T, SC,
              SRI.NOUSHAD THOTTATHIL, SC


          THIS    WRIT      PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.06.2022, ALONG WITH WP(C).14140/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         -3-
W.P.(C). Nos. 14020 & 14140 of 2022




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                            WP(C) NO. 14140 OF 2022
PETITIONER/S:

      1       AMBARA POULTRY FARM REPRESENTED BY ITS SOLE
              PROPRIETOR JANAKI PATTAYIL
              AGED 65 YEARS
              W/O KUMARANKUTTY NALATT, NALLATT HOUSE,
              KUTTIPPURAM, KUTTIPPURAM P.O., MALAPPURAM, PIN
              - 676503
      2       JANAKI PATTAYIL
              AGED 65 YEARS
              W/O KUMARANKUTTY NALATT, NALLATT HOUSE,
              KUTTIPPURAM, KUTTIPPURAM P.O., MALAPPURAM, PIN
              - 676503
              BY ADVS.
              THAREEQ ANVER K.
              K.SHAMSUDHEEN
              K.C.KHAMARUNNISA
              K.SALMA JENNATH
              ARUN CHAND
              SHAHNOY SHAJI
              RASSAL JANARDHANAN A.
              GOVIND G. NAIR


RESPONDENT/S:

      1       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
              INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001
      2       MALAPPURAM DISTRICT COLLECTOR
              CIVIL STATION, MALAPPURAM, PIN - 676505
                                        -4-
W.P.(C). Nos. 14020 & 14140 of 2022



      3       KERALA STATE POLLUTION CONTROL BOARD REPRESENTED
              BY ITS CHAIRMAN
              THIRUVANANTHAPURAM, PIN - 695001
      4       KERALA STATE POLLUTION CONTROL BOARD REPRESENTED
              BY ENVIRONMENTAL ENGINEER
              DISTRICT OFFICE, UP HILL P.O., MALAPPURAM, PIN -
              676505
      5       ENVIRONMENTAL ENGINEER
              KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
              OFFICE, UP HILL P.O., MALAPPURAM, PIN - 676505
      6       KOTTAKKAL MUNICIPALITY REPRESENTED BY ITS
              SECRETARY
              B.H. ROAD, KOTTAKKAL, MALAPPURAM, PIN - 676503
      7       SECRETARY, KOTTAKKAL MUNICIPALITY
              B.H. ROAD, KOTTAKKAL, MALAPPURAM, PIN - 676503
OTHER PRESENT:

                 SMT. DEEPA NARAYANAN, SR. GP
                 SRI.NAVEEN.T, SC,
                 SRI.NOUSHAD THOTTATHIL, SC
          THIS    WRIT      PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.06.2022, ALONG WITH WP(C).14020/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    -5-
W.P.(C). Nos. 14020 & 14140 of 2022



                         P.V.KUNHIKRISHNAN, J.
                          ======================================================

                   W.P.(C) Nos.14020 & 14140 of 2022
                       =============================================================

                     Dated this the 8th day of June, 2022

                                       JUDGMENT

These two writ petitions are connected and therefore, I am

disposing of these two writ petitions by a common judgment.

2. I will narrate the facts in WP(C) No.14020 of 2022.

The prayers in WP(C) No.14020 of 2022 are extracted

hereunder:

"i. to issue a writ of certiorari or any other appropriate writ order or direction to call for the records leading to the issuance of Exhibit P3 direction and set aside the same:

ii. to issue a writ of mandamus or any other appropriate writ order or direction to the 6th respondent to consider the application for renewal of trade licence submitted by the 2nd petitioner immediately:

iii. to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and

W.P.(C). Nos. 14020 & 14140 of 2022

circumstances of the case, and to award the cost of this petition."

3. The main prayer is against Ext.P3 issued by the 5 th

respondent. It is the definite case of the petitioner that Ext.P3 is

an order passed without hearing the petitioner. Ext.P3 is an

order passed by the 5th respondent withdrawing the consent.

Consequent to Ext.P3 order, the Municipality refused to renew

the licence. The same is challenged in WP(C) No.14140 of

2022. The prayers in WP(C) No.14140 of 2022 is also

extracted hereunder:

"i. to issue a writ of certiorari or any other appropriate writ order or direction to call for the records leading to the issuance of Exhibit P3 and Exhibit P5 and set aside the same;

ii. to issue a writ of mandamus or any other appropriate writ, order or direction to the 6th and 7th respondents to consider the application for renewal of trade licence submitted by the 2nd petitioner immediately:

W.P.(C). Nos. 14020 & 14140 of 2022

iii. to make such other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and to award the cost of this petition."

4. When WP(C) No.14020 of 2022 came up for

consideration before this Court on 19.04.2022 this Court

directed the Standing Counsel for the Pollution Control Board

(PCB) to get instructions as to whether Ext.P3 order has been

issued after hearing the petitioner. Today, the Standing Counsel

for PCB submitted that Ext.P3 is an order passed without

hearing the petitioner. But it is submitted that, serious violation

of clauses in the consent to establish was there, and that is why

Ext.P3 is issued. The Standing Counsel submitted that the

Board is ready to hear the petitioner, but based on the same, the

petitioner shall not function the poultry farm.

5. Since it is an admitted fact that Ext.P3 is an order

passed without hearing the petitioner, I think Ext.P3 can be set

W.P.(C). Nos. 14020 & 14140 of 2022

aside and consequently, there can be a direction to the PCB to

pass fresh orders after giving an opportunity of hearing to the

petitioner and the Municipality. Before proceeding further, the

PCB will give a copy of the complaint, based on which Ext.P3

order is issued.

Therefore, these writ petitions are disposed of in the

following manner:

1. Ext.P3 in WP(C) No.14020 of 2022 is set aside.

2. The 5th respondent is directed to give a copy of the complaint based on which Ext.P3 order was passed and thereafter, hear the matter afresh, after giving an opportunity of hearing to the petitioner and the Municipality and pass appropriate orders, in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

W.P.(C). Nos. 14020 & 14140 of 2022

3. In the light of the directions issued in WP(C) No.14020 of 2022, WP(C) No.14140 of 2022 is disposed of directing the Municipality to act based on the final decision taken as directed by this Court in WP(C) No.14020 of 2022.

4. I make it clear that, based on the judgment in these cases, the petitioner shall not function the poultry farm and it will be subject to the final decision taken by the PCB.

5. As far as the existing chicken now available in the premises of the petitioner is concerned, the petitioner is free to maintain the same.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). Nos. 14020 & 14140 of 2022

APPENDIX OF WP(C) 14140/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENSE DATED 21/10/2021 BEARING NO.143A/21 ISSUED BY THE 6TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE CONSENT TO ESTABLISH DATED 16/07/2021 BEARING NO.PCB/MLPM/ICE/3557/2021 ISSUED BY THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE CONSENT WITHDRAWAL ORDER ISSUED BY THE 5TH RESPONDENT ON 06/04/2022 BEARING NO.PCB/MLPM/COM-TIR/2020 Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED AGAINST THE RECEIPT OF LICENCE FEE REMITTED BY THE 2ND PETITIONER FOR THE 6TH RESPONDENT ON 11/04/2022 Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 12/04/2022 BEARING NO.H1-7112/2022 ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 13/04/2022 MADE BY THE 2ND PETITIONER BEFORE THE 7TH RESPONDENT

W.P.(C). Nos. 14020 & 14140 of 2022

APPENDIX OF WP(C) 14020/2022