Kerala High Court
Salini P S vs The Ombudsman For Local Self Government ... on 3 April, 2024
WP(C) No.15495/2023 1/5 Order Date : 03-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 15495 OF 2023
PETITIONER:
SALINI P S, AGED 47 YEARS, W/O SUDEESH KUMAR S.S.,
T.C 52/519 (3) SHREE SHYLAM,STUDIO ROAD,NEMOM P.O,
THIRUVANANTHAPURAM, PIN - 695020.
RESPONDENTS:
1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, SAFALIYAM
COMPLEX , PALAYAM, THIRUVANANTHAPURAM, PIN-695002.
2. THE SECRETARY,CORPORATION OF THIRUVANANTHAPURAM,VIKAS BHAVAN
P.O,THIRUVANANTHAPURAM,PIN-695033.
3. THE HEALTH INSPECTOR, CORPORATION OF THIRUVANANTHAPURAM,NEMOM ZONAL
OFFICE, NEMOM P.O,THIRUVANANTHAPURAM, PIN-695020
4. KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS ENVIRONMENTAL
ENGINEER,TC NO.1296, PLAMOODU JUNCTION,PATTOM, THIRUVANANTHAPURAM,
PIN-695003
5. MOHANAN B, RESIDING AT MOHANAM, TC 49/1926,STUDIO ROAD, ESTATE
P.O,THIRUVANANTHAPURAM, PIN-695019
6. RAJENDRAN R, RESIDING AT ABHIRAMAM, TC 49/1927,STUDIO ROAD, ESTATE
P.O,THIRUVANANTHAPURAM, PIN-695019.
7. AJAYAKUMAR S, RESIDING AT SHIVAM, TC 49/1925,STUDIO ROAD, ESTATE
P.O,THIRUVANANTHAPURAM, PIN-695019.
8. JITRA NAIR,RESIDING AT VISMAYAM,TC 49/1927(1),STUDIO ROAD,ESTATE
P.O,THIRUVANANTHAPURAM, PIN-695019.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Ext.P5 , till the
disposal of this writ petition ( civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this court's order dated
26.03.2024 and upon hearing the arguments of SRI.A.CHANDRA BABU Advocate
for the petitioner, SMT. P.K.RESHMA (KALARICKAL),Advocate for R1, SRI.
SUMAN CHAKRAVARTHY,(STANDING COUNSEL) for R2, SRI. R.GOPAN, Advocate for
R5 to R8, the court passed the following:
WP(C) No.15495/2023 2/5 Order Date : 03-04-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) No. 15495 of 2023
========================
Dated this the 3rd day of April, 2024
ORDER
There will be a direction to the respondent Nos. 2 to 4 to
verify whether the petitioner has been given any permission
to carry on the activity of running a cattle farm. The
statement of the corporation dated 10.07.2023 shows that no
licence has been granted to the petitioner to run the cattle
farm and in the site inspection conducted on 24.05.2023, it
was found that there were 13 cows and 7 calves and the farm
is running without licence. Similarly, by order dated
24.11.2023, the Pollution Control Board has also refused the
consent after the site inspection, noticing several defects. The
analysis of the water samples collected from the neighbouring
wells of the industry during the said inspection showed the
presence of faecal coliforms and faecal streptococci. There is
no permission enabling the petitioner to carry on the activity
as of this date. There will be a direction to the respondent
Nos. 2 to 4 to take appropriate steps to ensure that the
WP(C) No.15495/2023 3/5 Order Date : 03-04-2024
W.P.(c) NO. 15495 OF 2023
petitioner does not carry on the activity of running the
cattle farm, in violation of the relevant provisions and
without the requisite licence from them.
Post for hearing on 21.05.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.15495/2023 4/5 Order Date : 03-04-2024
APPENDIX OF WP(C) 15495/2023
Exhibit P1 TRUE COPY OF THE STANDARD OPERATING PROCEDURE( FOR
BREVITY SOP) ISSUED BY THE 4TH RESPONDENT FOR CATTLE
FARM VIDE NO.PCB/HO/SEE-3/TECH/98/2019, DATED
15.12.2020
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED UNDER SECTION 5 (3) OF
KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT,
2019 ( KSWIFT) ) TO THE PETITIONER YES YES FARM
Exhibit P3 TRUE COPY OF THE LICENSE ISSUED UNDER SECTION 5 (3) OF
KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT,
2019 ( KSWIFT) ) TO THE PETITIONER YES YES ORGANIC
MANURE
Exhibit P4 TRUE COPY OF THE LETTER NO. PCB/RO/TVM/TLK/COMP/6/2022
VOL. III, DATED 20.03.2023
Exhibit P5 TRUE COPY OF THE ORDER DATED 25.04.2023 PASSED BY THE
1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE COMMISSIONER REPORT DATED 23.02.2023
FILED BY THE ADVOCATE COMMISSIONER.
Exhibit P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER
Exhibit8 TRUE COPY OF THE REVIEW PETITION DATED 04.05.2023 FILED
BY THE PETITIONER
Exhibit R6(a) True copy of the location sketch
Exhibit R6(b) True copy of the refusal order dated 28.6.2021 issued
by the Environmental Engineer, District Office,
Thiruvananthapuram
Exhibit R6(c) true copy of the Analysis Report of the well water
samples collected from the wells of the respondents by
Kerala State Pollution Control Board dated 10.3.2023
Exhibit R6(d) True copy of the direction dated 10.5.2023 issued by th
Environmental Engineer, District Office ,
Thiruvananthapuram of Kerala State Pollution Control
Board to the petitioner
Exhibit R6(e) True copy of the complaint No. 327/2021 filed before
the Honourable Ombudsman for LSGD
Exhibit R6(f) True copy of the complaint dated 28.12.2020 filed by
the respondents 5 to 8 before the 2nd respondent
Exhibit R6(g) True copy of the inspection report dated 16.1.2021 and
office note
Exhibit R6(h) True copy of the notice dated 22.1.2021 issued by the
health Inspector, Nemom Circle of Thiruvananthapuram
Corporation
Exhibit R6(i) True copy of the notice dated 10.2.2021 issued by the
Health Inspector, Nemom Circe of Thiruvananthapuram
Corporartion
Exhibit R6(j) True copy of the show cause notice dated 9.8.2021
issued by the Health Supervisor of Thiruvananthapuram
Corporation
Exhibit R6(k) True copy of the speaking order dated 2.11.2021 issued
by th Health Officer of Thiruvananthapuram Corporation
Exhibit R(6) l True copy of the decision of the Corporation Council
dated 9.3.2022
Exhibit R6(m) True copy of the notice dated 16.3.2022 issued by the
2nd respondent to the petitioner
WP(C) No.15495/2023 5/5 Order Date : 03-04-2024
Exhibit R6(n) True copy of the Judgment dated 6.4.2022 of the
Honourable High Court in WP(C) No. 9800 / 2022
Exhibit R6(o) True copy of the order dated 17.8.2021 of the Kerala
State Commission for the Protection of Child Rights
Annexure R2(a) A true copy of the Judgment dated 06.04.2022 in W.P(C)
Exhibit R6(p) TRUE COPY OF THE REFUSAL ORDER DATED 24/11/ 2023 ISSUED
BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE,
THIRUVANANTHAPURAM OF KERALA STATE POLLUTION CONTROL
BOARD
