Deepa Minu vs State Of Kerala
2025 Latest Caselaw 7641 Ker

Kerala High Court

Deepa Minu vs State Of Kerala on 4 April, 2025

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                             2025:KER:29122



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947



                  WP(CRL.) NO. 400 OF 2025

PETITIONERS:

    1    DEEPA MINU
         AGED 32 YEARS
         W/O BIJIN, DEEPA BHAVAN, MARATHAKIDI,
         URIYACODE, THIRUVANANTHAPURAM, PIN - 695543

    2    BIJIN S SAM
         AGED 36 YEARS
         S/O. SAMKUTTY.P, DEEPA BHAVAN, MARATHAKIDI,
         NEAR TO SASTHAMPARA CSI CHURCH, URIAKODE P.O,
         THIRUVANANTHAPURAM, PIN - 695543

         BY ADVS.
         AJIT G ANJARLEKAR
         G.P.SHINOD
         GOVIND PADMANAABHAN
         ATUL MATHEWS
         GAYATHRI S.B.



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695001

    2    THE PRINCIPAL SECRETARY
         LOCAL SELF-GOVERNMENT DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695001
                                                 2025:KER:29122
W.P.(CRL) NO.400 OF 2025
                            2

    3    THE PRINCIPAL SECRETARY
         DEPARTMENT OF INDUSTRIES,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    4    KERALA STATE COMMISSION FOR PROTECTION OF
         CHILD RIGHTS, TC 14/2036, VANROSS JUNCTION,
         KERALA UNIVERSITY POST, THIRUVANANTHAPURAM
         REPRESENTED BY ITS REGISTRAR, PIN - 695034

    5    KERALA STATE POLLUTION CONTROL BOARD
         REPRESENTED BY ITS CHAIRMAN,
         PLAMOOD JUNCTION, PATTOM PO,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695004

    6    THE DISTRICT OFFICER
         KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE, PLAMOOD JUNCTION, PATTOM PO,
         THIRUVANATHAPURAM DISTRICT, PIN - 695004

    7    THE SECRETARY
         POOVACHAL GRAMA PANCHAYAT, PERUMKULAM,
         POOVACHAL POST, THIRUVANATHAPURAM DISTRICT,
         PIN - 695575

    8    THE POOVACHAL GRAMA PANCHAYATH
         PERUMKULAM, POOVACHAL POST,
         THIRUVANATHAPURAM DISTRICT
         REPRESENTED BY ITS SECRETARY, PIN - 695575

    9    THE DEPUTY SUPERINTENDENT OF POLICE
         KATTAKKADA SUB DIVISION, KATTAKKADA,
         THIRUVANANTHAPURAM, PIN - 695572

    0    THE STATION HOUSE OFFICER
         VILAPPILSHALA POLICE STATION, VILAPPILSHALA,
         THIRUVANATHAPURAM DISTRICT, PIN - 695573

   11    THE REVENUE DIVISIONAL OFFICER/
         SUB DIVISIONAL MAGISTRATE,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER AND
         SUB DIVISIONAL MAGISTRATE, NEDUMANGAD,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695541
                                                           2025:KER:29122
W.P.(CRL) NO.400 OF 2025
                                    3

            BY ADVS.
            SRI.M.P. PRASANTH, PUBLIC PROSECUTOR
            SRI. THOUFEEK AHAMED, STANDING COUNSEL FOR R4
            SRI. T. NAVEEN, STANDING COUNSEL FOR R5 AND R6
            SRI. VISHNU BHUVANENDRAN, STANDING COUNSEL FOR
                                      R7 AND R8


     THIS    WRIT    PETITION     (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION    ON     04.04.2025,    THE   COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                2025:KER:29122
W.P.(CRL) NO.400 OF 2025
                              4



                        JUDGMENT

Ext.P12 order passed by the Sub Divisional Magistrate,

Nedumangad (for short, 'the SDM') under Section 133 of the

Criminal Procedure Code (Cr.P.C.) is under challenge in this

Writ Petition.

2. I have heard Sri. Ajit G. Anjarlekar, the learned

counsel for the petitioners, Sri. M. P. Prasanth, the learned

Public Prosecutor, Sri. Thoufeek Ahamed, the learned

Standing Counsel for the 4th respondent, Sri. T. Naveen, the

learned Standing Counsel for respondents 5 and 6 and Sri.

Vishnu Bhuvanendran, the learned Standing Counsel for

respondents 7 and 8.

3. The impugned order is one passed under Section

133 of the Cr.P.C. As per the impugned order, the petitioners

were directed to close down their pig farm. According to the

petitioners, they operate the pig farm with valid license and

permissions.

2025:KER:29122 W.P.(CRL) NO.400 OF 2025

4. As per Section 133 of the Cr.P.C., whenever a

District Magistrate or a Sub-Divisional Magistrate or any

other Executive Magistrate on receiving the information

considers that the conduct of any trade or occupation, or the

keeping of any goods or merchandise; is injurious to the

health or physical comfort of the community, and that in

consequence such trade or occupation should be prohibited

or regulated or such goods or merchandise should be

removed or the keeping thereof regulated, such Magistrate

may make a conditional order requiring the person causing

such obstruction or nuisance, or carrying on such trade or

occupation, or keeping any such goods or merchandise, or

owning, possessing or controlling such building, tent,

structure, substance, tank, well or excavation, or owning or

possessing such animal or tree, within a time to be fixed in

the order to remove such obstruction or nuisance; or to

desist from carrying on such activity or, if he objects to do

so, to appear before him at a time and place to be fixed by

the order, and show cause why the order should not be 2025:KER:29122 W.P.(CRL) NO.400 OF 2025

made absolute. Sections 135 to 138 of Cr.P.C. deals with the

procedure after issuance of a conditional order under

Section 133 of Cr.P.C. Section 135 of Cr.P.C. enables a

person against whom a conditional order was passed under

Section 133 of Cr.P.C. to appear before the Magistrate

concerned and show cause against the order passed against

the same. Thereafter, the Magistrate shall take evidence in

the matter as in the case of a summons case and he can

either make absolute the conditional order or drop further

proceedings. Thus, a person against whom a conditional

order has been passed under Section 133 of Cr.P.C. should

be given an opportunity to show cause against such order.

However, no such opportunity has been given in Ext.P12

order. It simply directs the petitioners to close down the pig

farm.

5. The learned counsel for the petitioners submitted

that on 25.03.2025, the petitioners have given a detailed

reply to Ext.P12 order. Since Ext.P12 is only a conditional

order, the SDM is bound to pass a final order in accordance 2025:KER:29122 W.P.(CRL) NO.400 OF 2025

with law either confirming the conditional order or dropping

further proceedings after hearing both sides.

Hence, this Writ Petition is disposed of with a direction

to the SDM to pass final order in terms of Section 138 of

Cr.P.C. after following the procedure contemplated under

Sections 135 to 137 of Cr.P.C. and also taking into account

the objection already filed by the petitioners. Needless to

say, the SDM shall give opportunity to both sides to adduce

evidence and hear all the affected parties. The SDM is

directed to take a final decision within a period of three

months. Till then, Ext.P12 order shall not be implemented.

The petitioners shall produce a copy of this judgment before

the SDM for compliance.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:29122 W.P.(CRL) NO.400 OF 2025

APPENDIX OF WP(CRL.) 400/2025

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 08/07/2023 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM

Exhibit P2 A TRUE COPY OF THE BIOGAS PLANT COMPLETION CERTIFICATE ISSUED BY THE RENEWABLE ENERGY TECHNICIAN.

Exhibit P3 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 25/01/2025 ISSUED BY POOVACHAL GRAMA PANCHAYAT.

Exhibit P4 A TRUE COPY OF THE SANITARY CERTIFICATE DATED 29/01/2025 ISSUED BY THE HEALTH INSPECTOR, FAMILY HEALTH CENTRE, VEERANKAVU.

Exhibit P5 A TRUE COPY OF THE CONSENT TO OPERATE/AUTHORIZATION/REGISTRATION DATED 12/08/2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

Exhibit P6 A TRUE COPY OF THE NOTICE DATED 23/06/2023 ISSUED BY THE SECRETARY, POOVACHAL GRAMA PANCHAYAT/7TH RESPONDENT

Exhibit P7 A TRUE COPY OF THE ORDER DATED 18/08/2023 OF THIS HONOURABLE COURT IN WPC NO 27652 OF 2023.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 10/11/2023 OF THIS HONOURABLE COURT IN WPC NO 27652 OF 2023

Exhibit P9 A TRUE COPY OF THE ORDER DATED 14/12/2023 OF THIS HONOURABLE COURT IN WPC NO: 41949/2023.

2025:KER:29122 W.P.(CRL) NO.400 OF 2025

Exhibit P10 A TRUE COPY OF THE NOTICE DATED 28/12/2023 ISSUED BY THE 7TH RESPONDENT/ SECRETARY, POOVACHAL GRAMA PANCHAYAT

Exhibit P11 A TRUE COPY OF THE LETTER DATED 24/07/2024 ISSUED BY THE 7TH RESPONDENT/ SECRETARY, POOVACHAL GRAMA PANCHAYAT

Exhibit P12 A TRUE COPY OF THE ORDER DATED 23/08/2023 ISSUED BY THE 11TH RESPONDENT/SUB DIVISIONAL MAGISTRATE, NEDUMANGAD.

Exhibit P13 A TRUE COPY OF THE REVISED STANDARD OPERATING PROCEDURE FOR PIG FARMS DATED 04/11/2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 24/08/2020 OF THIS HONOURABLE COURT IN WPC NO: 9613 OF 2020 REPORTED AS 2020 KHC 653

RESPONDENTS' EXHIBITS: NIL