Kerala High Court
Lixon Varghese vs M/S. Athirapilly Grama Panchayath on 8 November, 2024
WP(C) No.401/2024 1/3 Order Date : 08-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 8th day of November 2024 / 17th Karthika, 1946
WP(C) NO. 401 OF 2024
PETITIONER:
LIXON VARGHESE, AGED 48 YEARS, S/O. VARGHESE, PARAYIL KILUKAN HOUSE,
VALLIKATHODU,MANJAPRA P.O, ERNAKULAM DISTRICT, PIN - 683581
RESPONDENTs:
1. M/S. ATHIRAPILLY GRAMA PANCHAYATH, ATHIRAPILLY, VETTILAPARA P.O
,REPRESENTED BY ITS SECRETARY, PIN - 680721
2. THE SECRETARY, ATHIRAPILLY GRAMA PANCHAYATH, VETTILAPARA P.O,
ATHIRAPILLY,THRISSUR DISTRICT, PIN - 680721
3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, TRISSUR DISTRICT, PIN - 680001
4. THE MEDICAL OFFICER, VETTILAPARA P.O., PRIMARY HEALTH CENTER,
TRISSUR DISTRICT, PIN - 680721
5. THE FOREST OFFICER, KONNAKUZHI FOREST STATION, KONNAKUZHI, THRISSUR
DISTRICT, PIN - 680721
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 in pursuance to Exhibit P6 stop
memo issued by the 1st and 2nd respondents till the disposal of the writ
petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Order dated
09/04/2024 and upon hearing the arguments of M/S A.T.ANILKUMAR & V.SHYLAJA
Advocates for the petitioner and of M/S I.SHEELA DEVI &
BINESH.K.N., Advocates for R1 & R2, the court passed the following:
WP(C) No.401/2024 2/3 Order Date : 08-11-2024
MOHAMMED NIAS C.P., J.
=========================
W.P(C) No.401 of 2024
=========================
Dated this the 08th day of November, 2024
ORDER
This Court had passed an interim order on 09.04.2024 directing the
2nd respondent-Panchayat to ensure that the petitioner does not run the
business without the requisite licence or permission. This order was
challenged by filing W.A No. 712 of 2024 and was dismissed by judgment
dated 07.06.2024, finding that no licence has been granted to the petitioner.
There is no dispute that as of this date, the petitioner does not have a
licence to run the pig farm. Under such circumstances, there will be a
direction to the 2nd respondent to take such steps to see that the petitioner
does not carry on the business without the required licence. A compliance
report shall be filed before this Court within two weeks from today.
Post for disposal on 25.11.2024.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) No.401/2024 3/3 Order Date : 08-11-2024
APPENDIX OF WP(C) 401/2024
Exhibit P1 THE TRUE COPY OF THE REGISTERED SALE DEED BEARING
NO.2140/ I/ 2019 OF CHALAKKUDY SUB REGISTRAR OFFICE,
DATED 4/9/2019
Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.12.2020
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT
DATED 29.10.2023
Exhibit P4 THE TRUE COPY OF THE REPLY LETTER ISSUED BY THE
PETITIONER TO EXHIBIT P3, DATED 7/11/2023
Exhibit P5 THE TRUE COPY OF THE LETTER NO KFS-02/2022 DATED
27.05.2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST
RESPONDENT DATED 07.11.2023
Exhibit p7 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE
3RD RESPONDENT DATED 02.12.2023.
