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Madhu Johnson vs Secretary Pangod Grama Panchayath
2025 Latest Caselaw 12110 Ker

Citation : 2025 Latest Caselaw 12110 Ker
Judgement Date : 11 December, 2025

[Cites 0, Cited by 0]

Kerala High Court

Madhu Johnson vs Secretary Pangod Grama Panchayath on 11 December, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                             2025:KER:95789
WP(C) NO. 32841 OF 2025

                                1


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA,

                            1947

                  WP(C) NO. 32841 OF 2025

PETITIONER/S:

          MADHU JOHNSON
          AGED 47 YEARS
          S/O JOHNSON G C, M S M BHAVAN, MANIYANAKODE,
          CHULLIMANOOR PO, NEDUMANGADU THALUK OF
          THIRUVANANTHAPURAM DISTRICT.KERALA, PIN - 695541

          BY ADVS.
          SHRI.AKHIL J.K.
          SHRI.SALIM KUMAR A.


RESPONDENT/S:

    1     SECRETARY PANGOD GRAMA PANCHAYATH
          NEDUMANGADU THALUK, THIRUVANANTHAPURAM DISTRICT,
          KERALA, PIN - 695609

    2     KERALA STATE POLLUTION CONTROL BOARD
          SECRETARY, PLAMOODU, PATTOM P O
          THIRUVANANTHAPURAM, PIN - 695004

    3     VICE-CHAIRPERSON, HARITHA KERALAM MISSION
          HARITHA KARMA SENA, BSNL BHAVAN, 3RD FLOOR,
          UPPLAM ROAD., THIRUVANANTHAPURAM, PIN - 695001

    4     STATION HOUSE OFFICER
          STATION HOUSE OFFICER, PANGODU POLICE STATION,
          PANGODU P.O., KALLARA, PIN - 691609
                                                    2025:KER:95789
WP(C) NO. 32841 OF 2025

                                 2



            SMT.PREETHA K.K., GP
            SRI.T.NAVEEN, SC


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   11.12.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:95789
WP(C) NO. 32841 OF 2025

                                      3




                    P.V. KUNHIKRISHNAN, J.
                     --------------------------------
                   W.P.(C.).No.32841 of 2025
              ----------------------------------------------
           Dated this the 11th day of December, 2025


                                 JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order, or direction, compelling the respondents not to excavate the disposed food waste materials already disposed of in the pit inside the farm of the petitioner and not to initiate legal action against the petitioner based on the same.

ii. Grant such other and further reliefs as this Hon'ble Court may deem fir and proper in the interest of justice.

(SIC)

2. The main prayer in this writ petition is to issue a

direction to the respondents not to excavate the disposed food

waste materials already disposed of in the pit inside the farm of

the petitioner and not to initiate legal action against the

petitioner based on the same.

2025:KER:95789 WP(C) NO. 32841 OF 2025

3. This Court, in the common judgment dated

11.12.2025 in W.P.(C) Nos.25299 & 32796 of 2025, found that

there is a consent revocation order from the Pollution Control

Board. As long as that order is in force, the activities of the

petitioner to continue the piggery is illegal. Therefore, prayer

in this writ petition cannot be entertained now.

I make it clear that the petitioner is free to challenge the

consent revocation order in accordance with law and thereafter

approach this Court, if there is any fresh cause of action.

With the above observation, this writ petition is disposed

of.

sd/-

                                                  P.V.KUNHIKRISHNAN
                                                        JUDGE
JV

Judgment reserved           NA
Date of Judgment        11.12.2025
Judgment dictated       11.12.2025

Draft Judgment placed 12.12.2025 Final Judgment 15.12.2025 uploaded 2025:KER:95789 WP(C) NO. 32841 OF 2025

APPENDIX OF WP(C) NO. 32841 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LICENSE ISSUED BY THE 1ST RESPONDENT (GRAMA PANCHAYAT) TO RUN MSM FARM HOUSE (PIG FARM). DATED 17.04.2023 WITH ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF LICENSE ISSUED BY THE 2ND RESPONDENT WITH TYPED TEXT IN THE DOCUMENT . DATED 27.10.2021 Exhibit P3 TRUE COPY OF LICENSE/PERMISSION FROM THIRUVANANTHAPURAM CORPORATION PERMITTING THE PETITIONER TO COLLECT FOOD WASTE FOR FEEDING PIGS. WITH ENGLISH VERNACULAR TRANSLATION DATED 23.03.2024 Exhibit P4 TRUE COPY OF THE USER FEE COLLECTION CARD ISSUED BY THE 3RD RESPONDENT (HARITHA KARMA SENA), ACKNOWLEDGING PROMPT PAYMENT FOR PLASTIC WASTE COLLECTION. WITH ENGLISH VERNACULAR TRANSLATION DATED NILL Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE LSGD TRIBUNAL STAYING THE CANCELLATION OF THE PETITIONER'S FARM LICENSE BY THE PANCHAYAT. DATED 21.06.2025 Exhibit P6 TRUE COPY OF ORDER EXTENDING THE OPERATION OF THE LSGD TRIBUNAL'S STAY ORDER UP TO 16-10-2025. DATED 14.07.2025 Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT PERMITTING THE PETITIONER TO FEED THE PIGS WITHOUT OBSTRUCTION. DATED 10.07.2025 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT PANCHAYAT REGARDING THE SITE INSPECTION SCHEDULED ON 25.08.2025 AND THE PLAN TO EXCAVATE THE BURIED WASTE. WITH ENGLISH TRANSLATION DATED 20.08.2025 2025:KER:95789 WP(C) NO. 32841 OF 2025

RESPONDENT EXHIBITS

Exhibit R1(A) A true copy of the order No. 400224/BAUV02/GPO/2024/3121(1) issued by the 1st Respondent dated 14/03/2025 Exhibit R1(B) A true copy of the site plan of the Petitioner's livestock farm in Sy. No. 3936/2-1, 4-2 of Pangode Village, Nedumangadu Taluk Exhibit R1(D) A true copy of the subcommittee report dated 12/06/2025 Exhibit R1(E) A true copy of Notice No. 1170549-2025 issued from the office of the 1st Respondent dated 27/06/2025 Exhibit R1(F) A photograph of the inspection result by the 2nd Respondent Exhibit R1(G) A true copy of the mahazar prepared by the 1st Respondent Exhibit R1(H) A true copy of the notice dated 30/08/2025 Exhhibit R1(C) A true copy of Decision No. 5/1 of the extraordinary Panchayat Committee meeting dated 02/05/2025

 
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