Kerala High Court
M/S. C.M. Rendering Plant vs State Of Kerala on 9 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:74925
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 33841 OF 2025
PETITIONER:
M/S. C.M. RENDERING PLANT
PULPATTA P.O., MALAPPURAM
REPRESENTED BY ITS MANAGING PARTNER,
SRI. KUTTY MAMMAD P.C., PIN - 676123
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SUCHITWA MISSION
LOCAL SELF GOVERNMENT DEPARTMENT,
UP HILL, MALAPPURAM
REPRESENTED BY ITS EXECUTIVE DIRECTOR, PIN -
676505
3 DISTRICT LEVEL FACILITATION AND
MONITORING COMMITTEE (DLFMC)
WP(C) NO. 33841 of 2025 2
2025:KER:74925
REPRESENTED BY ITS CHAIRMAN,
THE DISTRICT COLLECTOR,
MALAPPURAM, PIN - 676505
4 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, UP HILL,
MALAPPURAM REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER, PIN - 676505
5 PULPATTA GRAMA PANCHAYAT
POOKOLATHUR, PULPATTA P.O.,
MALAPPURAM
REPRESENTED BY ITS SECRETARY, PIN - 676123
6 MANNINGACHALI ABOOBACKER HAJI
S/O. RAYIN HAJI, CHALAKKANDAYIL HOUSE,
PULPATTA P.O., PULPATTA AMSOM,
VALAMANGALAM DESOM, ERNAD TALUK,
MALAPPURAM, PIN - 676121
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER- SMT.PREETHA K.K.,
SANDING COUNSEL- SRI.T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 33841 of 2025 3
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JUDGMENT
Dated this the 9th day of October, 2025
The writ petition is filed, inter alia, to direct the
respondents 3 to 5 to conduct a site inspection and
grant necessary approval for operating the petitioner's
poultry waste rendering plant dehors Ext. P13
injunction order passed by the Civil Court.
2. The petitioner is operating a poultry waste
rendering plant on the basis of the statutory licences
issued by the competent statutory authorities. While
so, the respondents 3 to 5 have issued Exts. P6 to P8
stop memos, respectively, alleging that the petitioner
has violated the condition in Ext. P2 consent to operate
issued by the fourth respondent. In the meantime, Ext.
P3 D&O licence had expired. The petitioner's
application for renewal of the license is pending
consideration before the fifth respondent. Even though
the petitioner had rectified all the alleged violations,
2025:KER:74925
the respondents 4 and 3 have not acted upon Exts. P10
and P11 representations submitted by the petitioner to
recall Ext. P6 to P8 stop memos. The petitioner is
apprehensive that the respondents 4 and 3 may not
consider Exts. P10 and P11 representations unless
directed by this Court. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner,
the learned Government Pleader and the learned
Standing Counsel appearing for the respondents.
4. On a consideration of the facts and the
materials on record, especially that Exts. P10 and P11
representations are pending consideration before the
respondents 4 and 3 since 11.08.2025 and 22.08.2025,
without expressing anything on the merits of the
representations, I dispose of the writ petition by
directing the respondents 4 and 3 to consider and
dispose of Exts. P10 and P11 representations, in
accordance with law and as expeditiously as possible,
2025:KER:74925
at any rate, within three weeks from the date of the
receipt of a copy of the judgment, dehors Ext. P13
injunction order passed by the Civil Court wherein the
fourth respondent is not a party and the subject matter
in dispute is regarding the construction of a building in
the said property.
The writ petition ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/09.10.25
2025:KER:74925
APPENDIX OF WP(C) 33841/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LEASE DEED DATED
20.01.2021 WITH NO. 455/2021 OF KONDOTTY
S.R.O..
EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE DATED
03.08.2021 VALID TILL 31.07.2026 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE TRADE LICENCE DATED
13.05.2024 VALID TILL 31.03.2025 ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE GUIDELINES FOR LICENSING
POULTRY MEAT STALLS AND POULTRY WASTE
RENDERING PLANTS' PREPARED BY THE 2ND
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER DATED
07.10.2021 BEARING G.O (MS.) NO.
227/2021/LSGD ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE STOP MEMO DATED
03.02.2025 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE STOP MEMO DATED
05.02.2025 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE STOP MEMO DATED
06.02.2025 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 12.08.2025 SUBMITTED BY THE PETITIONER
THROUGH THE K-SMART.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED
11.08.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED
22.08.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE PLAINT ALONG WITH THE
INJUNCTION APPLICATION FILED IN O.S. NO.
211/2025 BEFORE THE MUNSIFF'S COURT,
MANJERI.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 12.08.2025 IN
I.A. NO. 03/2025 IN O.S. NO. 211/2025 BEFORE
THE MUNSIFF'S COURT, MANJERI.
EXHIBIT P14 A TRUE COPY OF THE MINUTES OF THE MEETING
HELD BY THE 3RD RESPONDENT ON 25.08.2025.
