Kerala High Court
Paulson vs The Thuravoor Grama Panchayat on 29 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO.25931 OF 2020
PETITIONER/S:
1 PAULSON,
AGED 54 YEARS, S/O. AUGUSTINE,
MADASSERY HOUSE, ANAPPARA P.O., DEVAGIRI,
ERNAKULAM DISTRICT,PIN-683 577.
2 K.V SREEDHARAN
AGED 53 YEARS, S/O. VALLVON,
PULIKKADAN HOUSE, ANAPARA P.O., DEVAGIRI,
ERNAKULAM, PIN-683 581.
BY ADVS.
K.R.VINOD
SMT.M.S.LETHA
KUM.K.S.SREEREKHA
SRI.NABIL KHADER
RESPONDENT/S:
1 THE THURAVOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, THURAVOOR P.O.,
ERNAKULAM DISTRICT,PIN-683 572.
2 THE SECRETARY,
THURAVOOR GRAMA PANCHAYATH, THURAVOOR P.O.,
ERNAKULAM DISTRICT,PIN-683 572.
3 THE DISTRICT MEDICAL OFFICER (HEALTH),
OFFICE OF THE DISTRICT MEDICAL OFFICER,
ERNAKULAM,PIN-682 011.
4 THE KERALA STATE POLLUTION CONTROL BOARD
(DISTRCT OFFICE),KAKKANAD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
KOCHI-682 030.
5 THE SUB INSPECTOR OF POLICE,
THURAVOOR POLICE STATION, THURAVOOR,
ERNAKULAM, PIN-682 572.
WP(C) No.25931 OF 2020
2
6 THE HEALTH INSPECTOR,
PUBLIC HEALTH CENTRE, THURAVOOR, ANGAMALY,
ERNAKULAM DISTRICT,PIN-683 572.
7 SHRI.K.C JOSE,
AGED ABOUT 50 YEARS, S/O NOT KNOWN,
THE PROPRIETOR, ST. BASIL POULTRY FARM,
KOLLELIL HOUSE, DEVAGIRI, ANAPPARA P.O.,
ERNAKULAM DISTRICT,PIN-683 577.
8** CHERIAN M.J.,
AGED 66 YEARS, S/O JOSEPH,
MAZHUVANCHERI,DEVAGIRI,ANAPPARA.P.O,
MANJAPRA, ERNAKULAM, PIN-683 581.
(**IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED
29.3.2023 IN I.A.1/2023 IN W.P.(C)No.25931/2020)
9** JOJO JOSEPH,
AGED 41 YEARS, S/O A.V. JOSEPH,
AINIKADAN HOUSE,ANAPPARA P.O,
DEVAGIRI,PIN-683 581.
(**IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED
29.3.2023 IN I.A.1/2023 IN W.P.(C)No.25931/2020)
10** SHAJI PAUL,
AGED 40 YEARS, S/O PAUL,
KALLOOKARAN HOUSE,ANAPPARA P.O,
DEVAGIRI, PIN-683 581.
(**IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED
29.3.2023 IN I.A.1/2023 IN W.P.(C)No.25931/2020)
BY ADVS.
SHRI.ISSAC.M.PERUMPILLIL, STANDING COUNSEL,
THURAVOOR GRAMA PANCHAYAT
SRI.S.SHANAVAS KHAN
V.SRI NATH
OTHER PRESENT:
SRI. BIMAL K. NATH- SR. GOVERNMENT PLEADER
SRI. T.NAVEEN-STANDING COUNSEL (PCB),
SRI. WILSON URUMEESE-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.25931 OF 2020
3
JUDGMENT
The petitioner has filed this writ petition against the
conduct of a poultry farm by the respondent No.7. The
counsel for the petitioner submits that during the pendency
of the writ petition, without notice to the petitioner, the
respondent No.7 has obtained license from the Panchayat
and consent from the Pollution Control Board and he has
been conducting the poultry farm in violation of the
conditions to the license as well as the consent.
2. The Counsel for the respondent No.7 denies the
said submissions and she submits that the respondent No.7
has been conducting poultry farm strictly in accordance
with the conditions of the license and consent.
3. In view of the said submissions, I direct the
respondent No.2 as well as the respondent No.4 to make
inspection to the said poultry farm with notice to the
petitioner and respondent No.7 and verify whether all
conditions prescribed in the license and consent are
WP(C) No.25931 OF 2020
complied with. If the respondent No.7 has not complied
with any conditions, appropriate orders shall be passed by
respondent No.4 and Respondent No.2. The respondent
Nos.2 & 4 are free to conduct surprise inspections also to
see that the conditions are complied with.
Accordingly, this writ petition is disposed of.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) No.25931 OF 2020
APPENDIX
PETITIONERS' EXHIBITS
Exhibit P1 True copy of the representation submitted by
the 1st petitioner before the 1st and 2nd
respondent dated 23.09.2020.
Exhibit P2 True copy of the complaint submitted by 1st
petitioner to 6th respondent dated 30.09.2020.
Exhibit P3 True copy of the representation submitted
before the 3rd respondent dated 30.09.2020.
