Kerala High Court
Binu P.J vs Varappetty Grama Panchayat on 20 June, 2025
2025:KER:44439
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 16640 OF 2022
PETITIONER:
BINU P.J.,
AGED 49 YEARS
SON OF M.JOSEPH, PULLANKATTAYIL HOUSE, VARAPETTY P.O,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691
BY ADVS.
SRI.PEEYUS A.KOTTAM
SMT.MARIYA P KOTTAM
RESPONDENTS:
1 VARAPPETTY GRAMA PANCHAYAT,
VARAPETTY P.O, KOTHAMANGALAM, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 686691
2 REVENUE DIVISIONAL OFFICER,
GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
MUVATTUPUZHA, PIN - 686673
3 KERALA POLLUTION CONTROL BOARD,
PERUMBAVOOR, SH 1, PERUMBAVOOR, ERNAKULAM DISTRICT,
REPRESENTED BY ITS AUTHORITY, PIN - 683542
4 SHAHUL HAMEED,
S/O.ABDUL KHADER, KALLINGALKUDIYIL, VARAPPETTY P.O.,
VARAPPETTEY, KOTHAMANGALAM, ERNAKULAM-686691.
5 SUKUMARAN NAIR,
S/O.BALAKRISHNAN NAIR, EDATHEKKARA, VARAPPETTY P.O.,
VARAPPETTEY, KOTHAMANGALAM, ERNAKULAM- 686691.
6 ABU V.A.,
S/O.ABDUL KHADER, VELLAKUDIYIL HOUSE, VARAPPETTY P.O.,
WP(C) No. 16640 of 2022 -2-
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VARAPPETTEY, KOTHAMANGALAM, ERNAKULAM-686691.
7 REJINKUMAR P.A.,
S/O. P.A.APPU, POOKOTTIL HOUSE, VARAPPETTY P.O.,
VARAPPETTEY, KOTHAMANGALAM, ERNAKULAM-686 691.
ADDL. R4 TO R7 ARE IMPLEADED AS PER ORDER DATED
15-01-2024 IN IA 1/2024 IN WP(C) 16640/2022.
BY ADVS.
SMT.V.H.JASMINE
SRI.V.VINAY
SC - T NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 20.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No. 16640 of 2022 -3-
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JUDGMENT
Dated this the 20th day of June, 2025
Petitioner has approached this Court seeking to quash Ext.P6
and for a consequential direction to the Secretary to allow the
petitioner's application for issuance of license for running a
poultry farm being conducted by him in Shed No.IX/302
constructed in his property in Sy.No.323/3 of Varapetty Village
without insisting demolition of three other sheds.
2. In Ext.P6 the request of the petitioner for issuance of a
license have been declined essentially for two reasons: (1) sheds
have been constructed unauthorisedly. (2) the sheds have been
constructed in a property which is included in the data bank. It is
further stated in Ext.P6 that only if the petitioner is able to obtain
necessary orders from the Revenue Divisional Officer regarding
change of nature of the land that the application for permit could
be considered. It is further held that temporary license cannot be
granted to the poultry shed now in existence. The learned Counsel
for the petitioner would submit that, thereafter he approached the
Revenue Divisional Officer pursuant to the interim direction issued
by this Court dated 16.06.2022 directing the 2 nd respondent to
consider Ext.P8 Form 6 application submitted by the petitioner.
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Pursuant to the direction issued, the Revenue Divisional Officer
has allowed Ext.P6 application submitted by the petitioner.
Thereafter Ext.P24 decision dated 19.12.2023 was taken by the
committee of the Panchayat to grant license to the petitioner,
wherein the following aspects were taken note of that, out of the
three unauthorised sheds one was removed by the petitioner and
as regards other two, license has been granted by the Panchayat,
and that necessary consent has to be obtained from the Revenue
Divisional Officer to change the nature of the land.
3. Though a decision was taken as per Ext.P24 as early as
on 19.12.2023 in which the Secretary also opined that the license
has to be issued to the petitioner, the petitioner was not informed
of the same nor any license was granted to him. Unaware of
Ext.P24 petitioner requested this Court to issue a direction to the
1st respondent Panchayat to take a decision on the application
submitted by him for license for conducting a poultry farm, and
this Court by order dated 29.07.2024 issued the said direction to
the 1st respondent. Pursuant to the same, despite the fact that
decision has already been taken as per Ext.P24 on 19.12.2023 to
grant license to the petitioner, by Ext.P23 order dated 14.08.2024,
the request of the petitioner has been declined on the ground that
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there is complaint regarding pollution from additional respondents
4 to 7.
4. It is pertinent to note that while this Court issued order
dated 29.07.2024 directing the 1st respondent Panchayat to
consider the application submitted by the petitioner, Ext.P24 order
dated 19.12.2023 was in existence and the same was not brought
to the notice of this Court by the respondent Panchayat while
issuing order dated 29.07.2024. This Court expresses serious
displeasure on the part of the 1st respondent for not bringing to
the notice of this Court the decision taken as per Ext.P24 while
this Court issued order dated 29.07.2024.
5. The learned Counsel appearing for respondents 4 to 7
submits that they are neighbouring property owners and there are
serious instances of pollution caused due to the conduct of the
poultry farm by the petitioner, and the minimum distance has not
been maintained. Challenging the Pollution Control Board's
consent they have preferred a writ petition as WP(C) No.22391 of
2025 and the same is pending consideration before this Court. The
learned Counsel appearing for respondents 4 to 7 would further
submit that, though this matter was posted for final hearing no
counter affidavit was filed by the Pollution Control Board, and due
to the above said fact respondents 4 to 7 were constrained to
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approach this Court filing the above stated writ petition numbered
as WP(C) No.22391 of 2025 challenging Ext.P11 consent granted
by the 3rd respondent. A cruicial aspect to be taken note is that
Ext.P11 consent was granted by the Pollution Control Board as
early as on 2022, but the respondents 4 to 7 chose to challenge
the same before this Court only in 2025. Whatever that be, those
facts are not relevant for consideration for disposal of present writ
petition. Respondents 4 to 7 would further submit that alleging
pollution they have already preferred a complaint as Ext.R4(c)
before the Pollution Control Board. The learned Counsel for the
Pollution Control Board would submit that Ext.P11 consent is
granted after conducting proper inspection and after being
satisfied that the distance criteria has been satisfied.
6. In Ext.P6 the only objection raised is regarding the
unauthorised construction undertaken by the petitioner and the
construction of the sheds in a property included in the data bank.
A perusal of Ext.P24 would reveal that, one of the unauthorisedly
constructed shed has been removed and as regards the other two
sheds permission has been granted by the respondent Panchayat.
As regards the complaint that the construction has been
undertaken in a property included in the data bank, a perusal of
Ext.P24 also would reveal that necessary orders in this regard has
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been passed by the Revenue Divisional Officer as per the
provisions of the Kerala Conservation of Paddy land and Wetland
Act, 2008. In view of the above, none of the reasons stated in
Ext.P6 is available now for rejecting the application submitted by
the petitioner. Further taking note of all these aspects, by Ext.P24
a decision was taken on 19.12.2023 to grant license to the
petitioner.
7. In the light of the above, I am of the opinion that the
subsequent rejection of the application by Ext.P23 order is liable
to be interfered with. Accordingly Exts.P6 and P23 are set aside
with a consequential direction to the 1st respondent to issue
license as decided as per Ext.P24 decision taken dated
19.12.2023 within a period of 10 days from the date of receipt of a
copy of this judgment. It is made clear that the judgment will not
stand in the way of the party respondents challenging the consent
granted by the Pollution Control Board in appropriate proceedings,
for which WP(C) No.22391 of 2025 has already been preferred. If
there is any instance of pollution due to the running of poultry
farm by the petitioner the party respondents will be free to make
necessary complaint before the authorities concerned including
the Pollution Control Board and the Panchayat. If such a request is
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made the same shall be appropriately considered in accordance
with law with notice to the petitioner.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:44439
APPENDIX OF WP(C) 16640/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE
PANCHAYAT BEARING NO. 26/2005-06 DATED
25.07.2005 FOR THE YEAR 2005-06
Exhibit P2 THE TRUE COPY OF THE NOC DATED
07.07.2005 ISSUED BY THE NEIGHBORING
PROPERTY OWNERS TO SUBMIT BEFORE THE
PANCHAYAT TO THE PETITIONER (6 IN
NUMBER)
Exhibit P3 THE TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD
Exhibit P4 THE TRUE COPY OF THE LETTER ISSUED BY
THE PANCHAYAT TO THE PETITIONER DATED
14.03.2022
Exhibit5 TRUE COPY OF THE APPLICATION DATED
12.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE PANCHAYAT FOR NUMBERING THREE
SHEDS
Exhibit P6 THE TRUE COPY OF THE LETTER DATED
14.04.2022 ISSUED BY THE SECRETARY TO
THE PETITIONER
Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK PERTAINING TO THE PETITIONER'S
PROPERTY ISSUED FROM THE OFFICE OF
KRISHIBHAVAN, VARAPETTY
Exhibit P8 THIS IS THE TRUE COPY OF FORM VI
APPLICATION DATED 06.04.2022 SUBMITTED
BY THE PETITIONER FOR USING HIS PROPERTY
FOR OTHER PURPOSES OTHER THAN FOR
CULTIVATION AND FOR CHANGING THE
DESCRIPTION OF HIS LAND AS CONVERTED
LAND
Exhibit P9 TRUE COPY OF THE POSSESSION CERTIFICATE
PERTAINING TO THE PETITIONER'S PROPERTY
IN SY.NO. 323/3/3 OF VARAPETTY VILLAGE
HAVING 13.15 ARES DATED 06.04.2022
Exhibit P10 THE TRUE COPY OF THE JUDGMENT REPORTED
IN 2022 (1) KHC 554 (ANAND LOUIS VS.
HARIS RASHEED)
RESPONDENT EXHIBITS
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Exhibit R1(a) TRUE COPY OF THE COMPLAINT RECEIVED FROM
MR.SHAHUL HAMEED AND 9 OTHERS DATED
27/12/2021
Exhibit R1(B) TRUE COPY OF THE STOP MEMO DATED
29/12/2021 ISSUED BY THE 1ST RESPONDENT
TO PETITIONER
Exhibit R1(C) TRUE COPY OF THE APPLICATION FOR LICENSE
DATED 17/2/2022 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENT
Exhibit R1(D) TRUE COPY OF COMPLAINT DATED 5/3/2022
Exhibit R1(E) TRUE COPY OF THE ENQUIRY REPORT
Exhibit R1(F) TRUE COPY OF THE REPORT SUBMITTED BY THE
MEDICAL OFFICER IN CHARGE COMMUNITY
HEALTH CENTRE, VARAPETTY DATED 30/3/2022
RESPONDENT EXHIBITS
Exhibit R4(A) THE TRUE COPY OF THE CIRCULAR NO.
KSPCB/140/2022-SEE-3 DATED 07/06/2022 OF
THE PCB
Exhibit R4(B) THE TRUE COPY OF THE DISCHARGE SUMMARY
OF THE 2ND APPLICANT'S SON DATED
05.09.2022 ISSUED BY SRI SATYA SAI
INSTITUTE OF HIGHER MEDICAL SCIENCES,
WHITEFILED, BANGALORE
Exhibit R4(C) THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANTS AND LOCAL
RESIDENTS OF THE AREA BEFORE THE
RESPONDENTS 1 AND 3
Exhibit R4(D) THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 11.12.2023 OF THE MOTHER OF THE
4TH APPLICANT ISSUED BY RAJAGIRI
HOSPITAL, ERNAKULAM
Exhibit R4(E) THE TRUE COPIES OF THE PHOTOGRAPHS
SHOWING THE STATE OF AFFAIRS OF THE FARM
AND ITS VICINITY TO THE NEIGHBOURHOOD
Exhibit R4(F) THE TRUE COPY OF THE PATHOLOGY REPORT
DATED 26.12.2021 OF THE BROTHER OF THE
4TH APPLICANT
PETITIONER EXHIBITS
Exhibit P12 THE TRUE COPY OF THE TAX RECEIPT DATED
19.04.2023 SHOWING PAYMENT OF PROPERTY
TAX FOR THE YEAR 2023-24 OF 57.26 44
ARES OF PROPERTY IN VARAPPETTY VILLAGE
Exhibit P13 THE TRUE COPY OF THE NOTICE DATED
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23.12.2023 ISSUED BY THE VARAPPETTY
GRAMA PANCHAYAT TO THE PETITIONER
REGARDING POULTRY FARM LICENSE
Exhibit P14 THE TRUE COPY OF THE PROCEEDINGS OF THE
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA
DATED 01.02.2023
Exhibit P15 THE TRUE COPY OF THE BUILDING TAX
RECEIPT DATED 12.12.2023 ISSUED BY THE
VARAPPETTY GRAMA PANCHAYAT IN BUILDING
NO:9/302
Exhibit P16 THE TRUE COPY OF THE BUILDING TAX
RECEIPT DATED 12.12.2023 ISSUED BY THE
VARAPPETTY GRAMA PANCHAYAT IN BUILDING
NO:9/302A
Exhibit P17 THE TRUE COPY OF THE BUILDING TAX
RECEIPT DATED 12.12.2023 ISSUED BY THE
VARAPPETTY GRAMA PANCHAYAT IN BUILDING
NO:9/302B
Exhibit P18 THE TRUE COPY OF THE RECEIPT DATED
14.07.2023 ISSUED BY THE VARAPPETTY
GRAMA PACHAYAT TOWARDS APPLICATION FEES
FOR BUILDING REGULARIZATION
Exhibit P19 THE TRUE COPY OF THE RECEIPT DATED
29.11.2023 ISSUED BY THE VARAPPETTY
GRAMA PACHAYAT TOWARDS APPLICATION FEES
FOR BUILDING REGULARIZATION
Exhibit P20 THE TRUE RELEVANT COPY OF THE MINUTES OF
THE MEETING ISSUED BY THE VARAPETTY
GRAMA PANCHAYATH
Exhibit P21 TRUE COPY OF THE CERTIFICATE OF ശുചിത്വ
സാക്ഷ്യപത്രം NO.1/2024/PH DATED
20.01.2024 ISSUED BY THE PUBLIC HEALTH
CENTRE, VARAPETTY TO THE PETITIONER
Exhibit P22 TRUE COPY OF THE JUDGMENT IN WP(C)
11840/2023 DATED 05.07.2023 PASSED BY
THIS HON'BLE COURT
Exhibit P23 THE TRUE COPY OF ORDER OF REJECTION OF
PETITIONER'S LICENSE PASSED BY THE
SECRETARY DATED 14.08.2024 IN PURSUANT
TO THE INTERIM ORDER DATED 29.07.2024
Exhibit P24 THE TRUE RELEVANT PAGES (2, 9, 10, 11,
12) OF THE COMMITTEE MEETING HELD ON
19.12.2023.
RESPONDENT EXHIBITS
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Exhibit R4(g) THE TRUE COPY OF THE MEMORANDUM OF WRIT
PETITION (CIVIL) NO.22391/2025 PRESENTED
ON 17.06.2025 BEFORE THE HON'BLE HIGH
COURT OF KERALA
Exhibit R4(h) THE TRUE COPY OF THE SCREENSHOT OF
MESSAGE RECEIVED IN THE MOBILE FROM THE
IT DEPARTMENT, HIGH COURT OF KERALA
