Valsan P T vs Revenue Divisional Office
2023 Latest Caselaw 1954 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       WP(C) NO. 36277 OF 2022
PETITIONER:

            VALSAN P T
            AGED 55 YEARS
            S/O THANKAPPAN, PUTHENPURAKKAL HOUSE, KULAPPARACHAL,
            RAJAKUMARY, IDUKKI DISTRICT -685619

            BY ADV LATHEESH SEBASTIAN



RESPONDENTS:
     1     REVENUE DIVISIONAL OFFICE
           REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI DISTRICT -
           685613.

    2       RAJAKUMARY GRAMA PANCHAYATH,
            RAJAKUMARY P.O., IDUKKI DISTRICT - 685619 REPRESENTED
            BY ITS SECRETARY.

    3       SECRETARY,
            RAJAKUMARY GRAMA PANCHAYATH, RAJAKUMARY P.O., IDUKKI
            DISTRICT - 685619

    4       ADDL.R4: K.I.VARGHESE
            AGED 62 YEARS
            AGED 62 YEARS, S/O ISSAC, KOORAPPALLIL HOUSE,
            KULAPARACHAL P.O., KURUVILA CITY, IDUKKI DISTRICT-
            685619 (ADDL.R4 IS IMPLEADED AS PER ORDER DATED
            19.12.2022 IN IA NO.1/2022).

            BY ADVS.
            SANTHOSH MATHEW
            SHRI.SAJI MATHEW,SC,RAJAKUMARI GRAMA PAN
            ALFI ANWAR
            ARUN THOMAS

            BY SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36277 OF 2022

                                        2


                               JUDGMENT

Dated this the 3rd day of February, 2023.

This writ petition is filed seeking the following

reliefs:-

"i. Call for the records leading Ext. P1 to P4 from the respondents.

ii. Quash Exhibit P4 by a writ of certiorari or any other writ or direction.

iii. Issue a writ of mandamus or any other wirt, order or direction directing the respondents 2 and 3 not to interfere in the rearing of pig by the petitioner on the basis of Ext.P3 license without cancelling the license in accordance with law after affording an opportunity of hearing to the petitioner".

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

Panchayath, the learned Government Pleader as well as

the learned counsel appearing for the additionally

impleaded 4th respondent.

3. The contention raised by the petitioner as

against Exhibit P5 order which is now produced and

subjected to challenge is that the petitioner was not

specifically heard, before the said order was passed. WP(C) NO. 36277 OF 2022

In the above view of the matter, this writ

petition is disposed with a direction to the 3 rd respondent

to hear the petitioner as well as the additionally impleaded

4th respondent and to pass appropriate orders in the

matter afresh, within a period of two weeks from the date

of receipt of a copy of this judgment. Exhibt P5 order

shall be treated as a show cause notice to the petitioner

and the parties shall be put on notice and heard and a

reasoned order shall be passed by the 3rd respondent.

Sd/-

ANU SIVARAMAN JUDGE SSK/03/02 WP(C) NO. 36277 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT DATED 23.12.2021.

Exhibit P2 TRUE COPY OF THE SANITARY CERTIFICATE ALONG WITH PLAN ISSUED BY THE HEALTH INSPECTOR OF PRIMARY HEALTH CENTRE, RAJAKUMARY DATED 29.07.2022.

Exhibit P3 TRUE COPY OF THE LICENCE ISSUED BY THE 3RD RESPONDENT DATED 10.08.2022.

Exhibit P4 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 03.11.2022.

RESPONDENT EXHIBITS

Exhibit R4 (a) True copy of the reply issued by the Kerala State Pollution Control Board dated 19-10-2019 on the RTI application.

Exhibit R4 (b) True copy of the reply given by the respondent Panchayat dated 3-12-2019 on the RTI application.

Exhibit R4 (d) True copy of the communication issued by the Environmental Engineer dated 22-11-2019.

Exhibit R4 (e) True copy of the complaint dated 29-9-

2021 submitted by this respondent before the Panchayat

Exhibit R4 (f) True copy of the complaint submitted by the respondent herein before the RDO dated 4-10-2021.

Exhibit R4 (g) True copy of the report submitted by the village officer, Poopara, dated WP(C) NO. 36277 OF 2022

21-10-2021.

Exhibit R4 (h) True copy of the communication issued by the Panchayat dated ..9-2021 to the petitioner.

Exhibit R4 (i) True copy of the Order passed by the RDO, Devikulam under section 133 Cr.P.C dated 19-9-2022.

Exhibit R4 (j) True copy of the Order dated 7-11-2022 cancelling the licence issued by the Rajakumari Grama Panchayat with legible copy of the same

Exhibit R4 (k) True copy of the Standard Operation Procedure for Swine (Pig) Farm issued by the KSPCB dated 15-12-2020.

PETITIONER EXHIBITS

Exhibit P5 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 07.11.2022