Kerala High Court

Gineesh P.B vs Thiruvambady Grama Panchayat on 26 June, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                2025:KER:46243
WP(C) NOs. 12087 & 19805 OF 2024

                             1


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

   THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947

                    WP(C) NO. 12087 OF 2024

PETITIONER:

          GINEESH P.B.,
          AGED 49 YEARS
          S/O.BALARAJAN P.S., RESIDING AT PARAMBANATTU HOUSE,
          PONNAMKAYAM P.O., THIRUVAMBADY, KOZHIKODE DISTRICT,
          PIN - 673603

          BY ADVS.
          SHRI.VINAYAK G MENON
          SRI.ARUN CHAND
          SHRI. AAMIR SOHRAB M. M.
          SHRI.BHARAT VIJAY P.
          SMT.MINU VITTORRIA PAULSON




RESPONDENTS:

    1     THIRUVAMBADY GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY, THIRUVAMBADY
          PANCHAYAT OFFICE, THIRUVAMBADY P.O., KOZHIKODE, PIN
          - 673603

    2     SECRETARY,
          THIRUVAMBADY GRAMA PANCHAYAT, THIRUVAMBADY
          PANCHAYAT OFFICE, THIRUVAMBADY P.O., KOZHIKODE, PIN
          - 673603

    3     THE KERALA STATE POLLUTION CONTROL BOARD,
          REPRESENTED BY ENVIRONMENTAL ENGINEER, 3RD FLOOR,
          ZAMORIAN'S SQUARE BUILDING, LINK RD, PALAYAM,
          KOZHIKODE, KERALA, PIN - 673002
                                                2025:KER:46243
WP(C) NOs. 12087 & 19805 OF 2024

                            2


    4     ENVIRONMENTAL ENGINEER,
          KERALA POLLUTION CONTROL BOARD, 3RD FLOOR,
          ZAMORIAN'S SQUARE BUILDING, LINK RD, PALAYAM,
          KOZHIKODE, KERALA, PIN - 673002

    5     BABURAJ,
          S/O.CHAAMI, RESIDING AT MALAYETHUPURA HOUSE,
          PONANGAYAM P.O., THIRUVAMBADY, KOZHIKODE, PIN -
          673603

    6     MAHESH P.S.,
          S/O.SHIVARAMAN, PUTHANPURAYIL HOUSE, PONANGAYAM
          P.O., THIRUVAMBADY, KOZHIKODE, PIN - 673603

    7     JAYAPRAKASH P.S.,
          S/O.SUKUMARAN, PARAMBANAT HOUSE, PONANGAYAM P.O.,
          THIRUVAMBADY, KOZHIKODE, PIN - 673603

    8     ARUN KUMAR,
          S/O.KARUNAKARAN, KOTHERIKUNATH HOUSE, PONANGAYAM
          P.O., THIRUVAMBADY, KOZHIKODE, PIN - 673603

    9     RANI JAYAPRAKASH,
          S/O.JAYAPRAKASH, PARAMBANAT HOUSE, PONANGAYAM P.O.,
          THIRUVAMBADY, KOZHIKODE, PIN - 673603


          BY ADVS.
          SRI.VINOD SINGH CHERIYAN
          SHRI.R.K.MURALEEDHARAN
          SRI.T.M.KHALID
          SMT.K.P.SUSMITHA
          GP SMT. VIDYA KURIAKOSE
          SC SRI. T. NAVEEN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.06.2025, ALONG WITH WP(C).19805/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                 2025:KER:46243
WP(C) NOs. 12087 & 19805 OF 2024

                             3



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

   THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947

                    WP(C) NO. 19805 OF 2024

PETITIONERS:

    1     JAYAPRAKASH. P. S.,
          AGED 60 YEARS
          S/O. SUKUMARAN,PARAMBANATH HOUSE, PONNAMKAYAM
          P.O.,KOZHIKODE DISTRICT, PIN - 673603

    2     DIBEESH SADASIVAN,
          AGED 42 YEARS
          S/O SADASIVAN,PARAMBANATH HOUSE, PONNAMKAYAM
          P.O.,KOZHIKODE DISTRICT, PIN - 673603

    3     MAHESH. P. S.,
          AGED 49 YEARS
          S/O SIVARAMAN,PUTHANPURAYIL HOUSE, PONNAMKAYAM
          P.O.,KOZHIKODE DISTRICT, PIN - 673603

          BY ADVS.
          SHRI.R.K.MURALEEDHARAN
          SMT.ATHIRA A.MENON
          SHRI.HARISANKAR.K.V.



RESPONDENTS:

    1     THIRUVAMBADY GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, THRIUVAMBADY
          PANCHAYATH OFFICE, THIRUVAMBADY P.O., KOZHIKODE,
          PIN - 673603

    2     SECRETARY, THIRUVAMBADY GRAMA PANCHAYATH,
          THRIUVAMBADY PANCHAYATH OFFICE,THIRUVAMBADY P.O.,
                                                2025:KER:46243
WP(C) NOs. 12087 & 19805 OF 2024

                            4


          KOZHIKODE, PIN - 673603

    3     THE KERALA STATE POLLUTION CONTROL BOARD,
          REPRESENTED BY ENVIRONMENTAL ENGINEER,3RD FLOOR,
          ZAMORIAN'S SQUARE BUILDING, LINK RD, PALAYAM,
          KOZHIKODE, PIN - 673002

    4     GINEESH P. B.,
          AGED 49 YEARS
          S/O BALAKRISHNAN P. S.,PARAMBANATTU HOUSE,
          PONNAMKAYAM P.O.,THIRUVAMBADY, KOZHIKODE, PIN -
          673603

    5     THE STATION HOUSE OFFICER,
          THIRUVANMBADY POLICE STATION ,THIRUVAMBADY,
          KOZHIKODE, PIN - 673603


          BY ADVS.
          SRI.VINOD SINGH CHERIYAN
          SHRI.VINAYAK G MENON
          SRI.T.M.KHALID
          SMT.K.P.SUSMITHA
          SRI.ARUN CHAND
          SHRI.BHARAT VIJAY P.
          SMT.MINU VITTORRIA PAULSON
          SMT.BHAVANA K.K
          GP SMT. VIDYA KURIAKOSE
          SC SRI. T. NAVEEN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.06.2025, ALONG WITH WP(C).12087/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                                2025:KER:46243
WP(C) NOs. 12087 & 19805 OF 2024

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                    COMMON JUDGMENT

Dated this the 26th day of June, 2025

As the writ petitions pertain to same dispute

and are between the same parties, they are

consolidated, jointly heard and are disposed of by this

common judgment. W.P(C)No.12087/2024 is filed to

quash Ext.P9 stop memo issued by the 1 st respondent

Panchayat and direct the 1st respondent to consider the

petitioner's application for license to operate a

livestock farm. On the other hand, W.P(C)No.19805 of

2024 is filed by the party respondents in

W.P(C)No.12087/2024, who are the neighbours of the

petitioner in the said writ petition, to direct the 1 st

respondent to take effective steps to close down the

livestock farm. For the sake of convenience, the parties

are referred to as per the status in W.P.

(C)No.12087/2024.

2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

2. The petitioner is the owner in possession of

the property covered by Ext.P1 land tax receipt

situated within the territorial limits of the 1 st

respondent. The petitioner has 15 cows. In 2022, the

petitioner had submitted an application for license to

run the livestock farm. Then, the 1st respondent

informed that the building to run the livestock farm has

to be numbered and also pointed out certain other

defects. Even though the petitioner had cured all the

defects and resubmitted the application, the 1 st

respondent is not issuing the license to run the

livestock farm. The inaction on the part of the 1 st

respondent is illegal and arbitrary.

3. The respondents 5 to 9 have filed W.P.

(C)No.19805/2024 asserting that the petitioner is

running a livestock farm without obtaining statutory

licenses from the competent statutory authorities.

Moreover, the livestock farm is situated within the 2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

prohibited distance from their residences, and is

causing severe pollution in the locality. Therefore, the

livestock farm may be stopped.

4. Based on the complaint filed by the party

respondents, the 3rd respondent (Kerala State Pollution

Control Board) had conducted a surprise inspection

and directed the petitioner to take remedial measures

to eradicate the pollution to issue its consent to

establish and run the livestock farm.

5. Now, by Annexure R4(e) report, the 3 rd

respondent has stated that the petitioner has complied

with all the remedial measures. Therefore, there is no

legal impediment in the petitioner's application for

license being considered.

6.On a consideration of the facts and materials

on record, especially Annexure.R4(e) report submitted

by the 3rd respondent, I direct the 2nd respondent to

consider the petitioner's application for the livestock 2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

farm license, in accordance with law and as

expeditiously as possible, at any rate, within a period of

60 days from the date of production of a copy of this

judgment, after affording the petitioner and the

representative of the party respondents an opportunity

of being heard. Until such time orders are passed on

the said application, all further coercive proceedings

pursuant to Ext.P9 stop memo shall stand deferred.

The writ petitions are ordered accordingly.

SD/-

C.S.DIAS, JUDGE rmm/26/6/2025 2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

PETITIONER EXHIBITS

Exhibit-P1 PHOTOGRAPHS SHOWING THE PREMISES OF THE FARM AND CONTAMINATION CAUSED DUE TO THE FUNCTIONING OF THE COW FARM OWNED BY THE 4TH RESPONDENT Exhibit-P2 TRUE COPY OF THE WATER ANALYSIS REPORT OF THE 3RD RESPONDENT, DATED 25.05.2024 Exhibit-P3 TRUE COPY OF THE NOTICE DATED 14.09.2023 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

Exhibit-P4 TRUE COPY OF THE STOP MEMO DATED 07.02.2024 ISSUED BY THE 1ST RESPONDENT Exhibit-P5 TRUE COPY OF THE LETTER SUBMITTED BEFORE THE 2ND RESPONDENT DATED 08.02.2024 Exhibit-P6 TRUE COPY OF THE COMMUNICATION SUBMITTED BEFORE JOINT DIRECTOR LSGD, KOZHIKODE DATED 19.02.2024 Exhibit-P7 TRUE COPY OF THE MINUTES OF THE MEETING DATED 01.03.2024 AND 11.03.2024 RESPONDENT EXHIBITS

Exhibit R4(C) The true copy of the photograph Exhibit R4(A) The true copy of the representation dated 23/02/2024 submitted by the 4th respondent Exhibit R4(B) The true copy of completion certificate of the Sewage Treatment Plant Exhibit R4(D) The true copy of the water analysis report Exhibit R4(E) The true copy of Consent Certificate issued by the 3rd respondent 2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

APPENDIX OF WP(C) 12087/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 09/06/2023 Exhibit P2 THE TRUE COPY OF THE LETTER DATED 03/11/2022 ISSUED BY THE 1ST RESPONDENT TO PETITIONER Exhibit P3 THE TRUE COPY OF THE LETTER DATED 30/06/2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P4 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 14/09/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE LETTER DATED 23/09/2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P7 THE TRUE COPY OF THE LETTER DATED 25/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P8 THE TRUE COPY OF THE NOTICE DATED 01/02/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P9 THE TRUE COPY OF NOTICE DATED 07/02/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P10 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER Exhibit P11 THE TRUE COPY OF THE WATER ANALYSIS REPORT Exhibit P12 HE TRUE COPY OF COMPLETION CERTIFICATE OF THE SEWAGE TREATMENT PLANT Exhibit P13 THE TRUE COPY OF THE PHOTOGRAPH Exhibit P14 THE TRUE COPY OF THE REPRESENTATION DATED 23/02/2024 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT RESPONDENT ANNEXURES

Annexure R4(b) True copy of the Standard Operating Procedure (SOP) for Cattle Farms No. PCB/HO/SEE-3/TECH/98/2019 dated 15-12- 2020 issued by the Pollution Control 2025:KER:46243 WP(C) NOs. 12087 & 19805 OF 2024

Board.

Annexure R4(c) True copy of the direction Letter No. KKD/DO/GEN/COMP/Mukkam, Thamarassery,Koduvally/2022 dated 22-1- 2024 issued by the Pollution Control Board.

Annexure R4(d) True copy of the Analysis Report dated 10-7-2024 issued by the Pollution Control Board.

Annexure R4(e) True copy of the Consent to Operate No. KSPCB/KZ/ICO/10058688/2024 dated 11-7- 2024 issued by the Pollution Control Board with validity upto 31-1-2029. Annexure R4(a) True copy of the direction Letter No. KKD/DO/GEN/COMP/Mukkam, Thamarassery,Koduvally/2022 dated 4-9- 2023 issued by the Pollution Control Board.

Exhibit-R7(a) true copy of the complaint filed before the 3rd respondent dated 19.09.2024 by the 7th respondent Exhibit-R7(b) true copy of the complaint filed before the 1st respondent by the 7th respondent dated 19.09.2024 Exhibit-R7(c) True copy of the photographs of the other farm functioning near the SNM ALP School