Kerala High Court
Sanal Kumar vs Kizhakkambalam Grama Panchayat on 17 October, 2024
2024:KER:77288
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 13741 OF 2024
PETITIONER:
SANAL KUMAR,
AGED 48 YEARS
S/O. KUTTAPPAN NAIR,RESIDING AT KRISHNA PRIME
VILLAS,WARD NO. 5, CHELAKULAM, KIZHAKKAMBALAM, VENGOLA,
ERNAKULAM, PIN - 683556
BY ADVS.
B.J.JOHN PRAKASH
P.PRAMEL
COLIN ALEX
SOORAJ M.S.
VARSHA VIJAYAKUMAR NAIR
ANAGHA MADATH THEKKEPATTE
SONA A.B.
JINESH KUMAR K.
RESPONDENTS:
1 KIZHAKKAMBALAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM P.O.,
ERNAKULAM, PIN - 683562
2 KERALA POLLUTION CONTROL BOARD,
REPRESENTED BY ENVIRONMENT ENGINEER, DISTRICT OFFICE,
(ERNAKULAM-II), PERUMBAVOOR, NEAR KALLUMKAL AUDITORIUM,
PERUMBAVOOR, KERALA, PIN - 683542
3 UMMAR,
PARAKKATTKIZHAKKEPURAYIDATHIL,WARD NO. 5, CHELAKULAM,
KIZHAKKAMBALAM,VENGOLA, ERNAKULAM, PIN - 683556
BY ADVS.
SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM GRAMA
WP(C) NO. 13741 OF 2024
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2024:KER:77288
PANCHAYAT
NAVEEN T
SIRAJ KAROLY
MOHAMMED SHAD K.A.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13741 OF 2024
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2024:KER:77288
JUDGMENT
The writ petition is filed aggrieved by running of the dairy
farm by the 3rd respondent. The writ petition essentially
complained that the 3rd respondent was running without
appropriate licences from the statutory authorities. The 3rd
respondent has filed a counter producing the licence granted to
him by the Panchayat on 30.05.2024. He has also produced the
consent to operate issued on 08.11.2023.
In the absence of any challenge to the statutory
permissions issued to the petitioner, the writ petition which is filed
alleging that the 3rd respondent is running the dairy farm illegally
cannot be considered. Without prejudice to the right of the
petitioner to institute proceedings for challenging the permissions
above referred, if so advised, this Writ Petition is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
ASH
WP(C) NO. 13741 OF 2024
2024:KER:77288
APPENDIX OF WP(C) 13741/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LETTER DATED 05.09.2023
SUBMITTED TO THE 1ST RESPONDENT
Exhibit-P2 TRUE COPY OF THE COMMUNICATION DATED
14.11.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit-P3 TRUE COPY OF THE REPLY DATED 06.11.2023
ISSUED BY THE 1ST RESPONDENT TO A QUERY UNDER
RTI MADE BY THE PETITIONER
Exhibit-P4 TRUE COPY OF THE ANALYTICAL RESULT OF THE
PETITIONER'S WELL WATER DATED 18.09.2023
Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED
10.11.2023 ISSUED BY THE 2ND RESPONDENT TO
THE 3RD RESPONDENT ALONG WITH THE ANNEXURE.
Exhibit-P6 TRUE COPY OF THE COMMUNICATION DATED
08.01.2024 ALONG WITH THE CONSENT REFUSAL
INTENTION NOTICE
RESPONDENT EXHIBITS
EXHIBIT R3A TRUE COPY IF THE LICENSE ISSUED BY THE 1ST
RESPONDENT FOR CONDUCTING FARM DATED
30.05.2024
EXHIBIT R3B TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT FOR THE LICENSE FEE DATED
30.05.2024
EXHIBIT R3C TRUE COPY OF THE CONSENT/LICENSE ISSUED BY
THE 2ND RESPONDENT WHICH IS VALID UPTO
31.10.2028 DATED 15.03.2024
ANNEXURE R2(A) TRUE COPY OF THE STANDARD OPERATING PROCEDURE
(SOP), NO. PCB/HO/SEE-3/TECH/98/2019 DATED
15-12-2020, ISSUED BY THE POLLUTION CONTROL
BOARD.
ANNEXURE R2(B) TRUE COPY OF THE CONSENT TO OPERATE NO.
KSPCB/ER2/ICO/10049070/24. DATED 15-3-2024
WITH VALIDITY UPTO 31-10-2028, ISSUED BY THE
WP(C) NO. 13741 OF 2024
2024:KER:77288
POLLUTION CONTROL BOARD.
PETITIONER EXHIBITS
EXHIBIT-P7 TRUE COPY OF THE PHOTOGRAPH EVIDENCING SUCH
GROSS VIOLATION AS ON 27.07.2024.
EXHIBIT-P8 TRUE COPY OF THE PHOTOGRAPH ON 31.07.2024
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE COMMUNICATION LETTER NO. C5-
6360/2023 DATED 14-11-2023 ISSUED TO THE
PETITIONER.
PETITIONER EXHIBITS
EXHIBIT-P9 TRUE COPY OF THE TEST REPORT ISSUED BY THE
REGIONAL ANALYTICAL LABORATORY DATED
09.09.2024
