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