Manoj John vs Thuravoor Grama Panchayath
2022 Latest Caselaw 6832 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                      WP(C) NO. 26532 OF 2020
PETITIONER:

            MANOJ JOHN, AGED 45 YEARS
            S/O.J.JOHN ANTHRPER, NEDUPALLIL,
            VALAMANGALAM, WARD NO.11, THURAVOOR P.O.,
            CHERTHALA, ALAPPUZHA - 688 532.
            BY ADVS.
            AYYAPPAN SANKAR
            SMT.S.HRIDYA

RESPONDENTS:

    1       THURAVOOR GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY, THURAVOOR P.O.,
            ALAPPUZHA - 688 572.
    2       THE SECRETARY, THURAVOOR GRAMA PANCHAYATH
            THURAVOOR P.O., ALAPPUZHA - 688 572.
    3       THE ENVIRONMENTAL ENGINEER
            KERALA STATE POLLUTION CONTROL BOARD,
            DISTRICT OFFICE, THATHAMPALLY P.O.,
            ALAPPUZHA - 688 013.
            BY ADVS.SRI.T.NAVEEN, SC
            SRI.P.SANTHOSH KUMAR (TR)
            SRI.T.P.SAJAN


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   14.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.26532/2020

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.26532 of 2020
             ----------------------------------------------
            Dated this the 14th day of June, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or other appropriate writs, orders or directions quashing Exhibit-P6 notice and all further proceedings thereon ii. Issue a writ of mandamus commanding the 2nd Respondent to issue orders on the application for renewal of Exhibit-P2 license in strict compliance of the directions in Exhibit-P4 Judgment, forthwith, without any further delay. iii. Pass such other order or direction, as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.

(SIC)

2. According to the petitioner, Ext.P2 licence was

issued to the petitioner for conducting a poultry farm by which

the petitioner was allowed to 1001-5000 poultry. As per

Ext.P6, the petitioner was permitted to keep only 750 poultry. W.P.(C).No.26532/2020

Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and

the learned counsel for the Panchayat. I also heard the

learned Standing Counsel for the 3rd respondent.

4. This Court considered Ext.P2. As per Ext.P2, the

petitioner is given permit to conduct a farm in Class-IV in

which he can maintain about 1001 to 5000 poultry. But,

without assigning any reason it is limited to 750 in Ext.P6. I

think there is a grievance to the petitioner. The petitioner can

bring it to the notice of the Panchayat with a representation

and if such a representation is filed, there can be a direction

to the Panchayat to consider the same.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

narrating his grievance raised in this writ

petition before the 2nd respondent, within three

weeks from the date of receipt of a copy of this

judgment.

2. Once such a representation is received, the 2 nd

respondent will consider the same and pass W.P.(C).No.26532/2020

appropriate orders in it, taking into

consideration the fact that, by Ext.P2 the

petitioner was allowed to conduct a Class-IV

farm.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.26532/2020

APPENDIX OF WP(C) 26532/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE NO.PCB/ALP/IC-2997/R1/19 DATED 24/9/2019 EXHIBIT P2 TRUE PHOTOCOPY OF THE LICENCE NO.02/19-20 (1504/19) FOR THE PERIOD UPTO 31/3/2020.

EXHIBIT P3 TRUE PHOTOCOPY OF THE NOTICE DATED 5/5/2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26/05/2020 OF THIS HONOURABLE HIGH COURT OF KERALA IN W.P.(C) NO.9879/2020.

EXHIBIT P5 TRUE PHOTOCOPY OF THE REMINDER APPLICATION SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 7/7/2020 ALONG WITH RECEIPT.

EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE DATED 7/7/2020 ISSUED BY 2ND RESPONDENT.