Francis Xavier vs State Of Kerala
2022 Latest Caselaw 10105 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                        WP(C) NO. 27214 OF 2022
PETITIONER:

          FRANCIS XAVIER
          AGED 61 YEARS
          S/O. JOSEPH, RESIDING AT MEKKE PUNNAKKOD, KALLUVILA
          PUTHENVEEDU, VATTAPARAMBA, OTTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
          BY ADV T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, HOME DEPARTMENT,
          MAIN BLOCK, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DISTRICT POLICE CHIEF
          THIRUVANANTHAPURAM RURAL, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695033
    3     CIRCLE INSPECTOR OF POLICE
          ARIAMCODE, OTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    4     SHIJU
          S/O SASI, RESIDING AT KRIPA VILASAM,
          PEREKKONAM, OTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    5     PRAMOD
          S/O SASI, RESIDING AT KRIPA VILASAM,
          PEREKKONAM, OTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    6     AJAYAKUMAR
          S/O VASUDEVAN, MACHIRAKONATH PUTHENVEEDU,
          VATTAPARAMBA, OTTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    7     STUVERT
          S/O SADHUKUNJU, THATTAVILAKAM VEEDU,
          VTTAPARAMBA, VALIKODE DESAM, OTTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    8     NIRMALA PUSHPAM
          W/O YOHANNAN, MEKKE PUNNAKODE VEEDU,
          VTTAPARAMBA, VALIKODE DESAM, OTTTASEKHARAMANGALAM.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695125
 WP(C) NO. 27214 OF 2022

                                  2

     9      SUNIL
            S/O BALAKRISHNAN, PINARUVILA PUTHENVEEDU,
            VTTAPARAMBA, VALIKODE DESAM, OTTTASEKHARAMANGALAM.P.O,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    10      SURESH JOSE
            S/O BALAKRISHNAN, PINARUVILA PUTHENVEEDU,
            VTTAPARAMBA, VALIKODE DESAM, OTTTASEKHARAMANGALAM.P.O,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695125
    11      ADDL.R11 OTTASEKHARAMANGALAM GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, OTTASEKHARAMANGALAM P.O,
            THIRUVANTHAPURAM DISTRICT, 695 125.

            (ADDL R11 IS IMPLEADED AS PER ORDER DATED 29-08-2022 IN
            IA NO.1/2022)
            BY ADV P.M.MOHAMMED SHIRAZ
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27214 OF 2022

                                       3


                                JUDGMENT

Dated this the 15th day of September, 2022

This writ petition is filed seeking directions to respondents 2 and 3

to afford sufficient police protection to the petitioner for running pig farm

in the premises belonging to the petitioner. It is contended by the learned

counsel for the petitioner that the petitioner is continuing the operation of

the pig farm on the strength of Ext.P5 interim order granted by the

Tribunal for Local Self Government Institutions and that the contesting

party respondents are obstructing the conduct of the pig farm and the

transportation of food to the farm. It is contended that the complaints

raised by the petitioner before the police have not evoked any response.

2. A detailed counter affidavit has been placed on record by the 5 th

respondent contending that there are several valid objections with regard

to the conduct of the pig farm and that the petitioner is conducting the pig

farm without any valid licence from the Panchayat. It is submitted that the

matters are pending before the Tribunal for Local Self Government

Institutions and that O.S. No.938/2021 is also pending before the Munsiff

Court, Neyyattinkara. It is contended that since the very right of the WP(C) NO. 27214 OF 2022

petitioner to conduct the pig farm is under dispute, police protection as

sought for cannot be granted.

3. The learned counsel appearing for the Panchayat contends that an

application was submitted by the petitioner for licence for running of the

pig farm on 25.01.2020 which has been rejected on 28.01.2020. It is

submitted that the petitioner had challenged the orders of rejection before

this Court and he was relegated to the Tribunal and that the matter is

pending before the Tribunal.

Having considered the contentions advanced, I am of the opinion

that the directions as sought for cannot be granted. In view of the fact that

there are disputes pending before the civil court as well as before the

Tribunal with regard to the right of the petitioner to conduct the pig farm,

it is for the petitioner to approach the Tribunal or the civil court as

advised for appropriate reliefs. Leaving open the contentions of the

parties, this writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27214 OF 2022

APPENDIX OF WP(C) 27214/2022

PETITIONER'S EXHIBITS Exhibit-P-1 TRUE COPY OF THE CIRCULAR DATED 12.10.2006 OF THE DISTRICT VETERINARY OFFICE Exhibit-P-2 TRUE COPY OF THE CONSEQUENTIAL DECISION OF THE PANCHAYATH Exhibit-P-3 TRUE COPY OF THE UDAYAM CERTIFICATE ISSUED BY MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES Exhibit-P-4 TRUE COPY OF THE INTEGRATED CONSENT FROM KERALA POLLUTION CONTROL BOARD DATED 27.03.2018 Exhibit-P-5 TRUE COPY OF THE INTERIM ORDER IN I.A 52/2020 IN APPEAL NO. 38/2020 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT Exhibit-P-6 TRUE COPY OF THE INJUNCTION ORDER IN I.A 2/2021 IN O.S 938/2021 OF THE ADDITIONAL MUNSIFF COURT, NEYYATTINKARA DATED 22.12.2021 Exhibit-P-7 TRUE COPY OF THE COMPLAINT DATED 20.08.2022 TO THE 3RD RESPONDENT Exhibit-P-8 TRUE COPY OF THE THE RECEIPT ISSUED FROM THE 3RD RESPONDENT'S OFFICE RESPONDENTS' EXHIBITS:

Exhibit R5(A) TRUE COPY OF THE ORDER DATED 25/02/2016 IN APPEAL NO. 488/20143 OF THE TRIBUNAL FOR LSGD, THIRUVANANTHAPURAM Exhibit R5(B) TRUE COPY OF THE JUDGMENT DATED 10/901/2020 IN W.P(C) 30500/2019 Exhibit R5(C) TRUE COPY OF THE CONSENT LETTER DATED 17/02/2020 OF THE PETITIONER Exhibit R5(D) TRUE COPY OF THE LETTER DATED 11/08/2022 OF THE MEDICAL OFFICER IN CHARGE AND THE ENQUIRY REPORT DATED 11/08/2022 OF THE HEALTH INSPECTOR Exhibit R5(E) TRUE COPY OF THE LETTER NO.

400254/LAA902/GPO/2022/1486 DATED 17/08/2022 OF THE SECRETARY, OTTASEKHARAMANGALAM GRAMA PANCHAYATH Exhibit R5(F) TRUE COPY OF THE CERTIFICATE OF EXAMINATION DATED 30/03/2022 OF FOOD ANALYST, GOVERNMENT ANALYSTS LABORATORY, THIRUVANANTHAPURAM