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Kerala High Court
M.V.Vincent vs The Thavinjal Grama Panchayath on 2 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 4101 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 4101 OF 2026
PETITIONER/S:
M.V.VINCENT
AGED 67 YEARS
S/O.VARGHESE MULLAPPARAMBIL HOUSE KAMPETTY
P.O., THALAPPUZHA, WAYANAD DISTRICT,
PIN - 670644
BY ADVS.
SHRI.M.SASINDRAN
SHRI.MRINAL CHAND M.
RESPONDENT/S:
1 THE THAVINJAL GRAMA PANCHAYATH
THAVINJAL, THALAPPUZHA P.O. , WAYANAD
DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN - 670644
2 THE SECRETARY
THAVINJAL GRAMA PANCHAYATH THAVINJAL,
THALAPPUZHA P.O., WAYANAD DISTRICT,
PIN - 670644
3 KERALA STATE POLLUTION CONTROL BOARD,
PATTOM.P.O., THIRUVANANTHAPURAM, REPRESENTED
BY ITS CHAIRMAN, PIN - 695004
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD DISTRICT
OFFICE, WAYANAD, PIN - 670646
W.P.(C) No. 4101 of 2026
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5 ANEESH P.G.
PULLAM POIKAYIL VEEDU, VENMANI THALAPPUZHA,
WAYANAD DISTRICT, PIN - 670644
BY ADV.
SRI.SANTHARAM.P
SRI. T NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 4101 of 2026
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 4101 of 2026
------------------------------------------------
Dated this the 02nd day of February, 2026
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) to issue a writ of certiorari or any other writ or
order to quash Ext.P9.
ii) to command the respondents 1 and 2 to permit
the petitioner to continue the operation of the pig farm
till an order is issued on Ext.p10 application and
thereafter based on the order on the said application.
iii) to direct the 4th respondent to consider and
pass orders on the application submitted as evident
from Ext.P10 within two weeks.
iv) to command the 2nd respondent to consider the
application submitted by the petitioner for renewal of
license, within two weeks from the date of submission
of the order on Ext.P10 application.
v) exempt the petitioner from producing the
English translation of Malayalam Exhibits produced
along with this Writ Petition and the petitioner further
undertakes that they are ready and willing to produce
English translation of Malayalam documents as and
when required;
vi) award cost to the petitioner;
vii) To issue such other orders, directions or writs
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as may be prayed for under the facts and
circumstances of the case;"[SIC]
2. The petitioner is aggrieved by Ext.P9 order by
which the petitioner was directed to close down the pig
farm. The petitioner submitted that he has already
submitted an application before the Pollution Control
Board for renewal of the consent to operate, as evident
from Ext.P10 receipt. The petitioner submitted that
there may be a direction to consider the renewal
application submitted by the petitioner as evident by
Ext.P10 receipt. The petitioner also conceded that
Ext.P9 is an appealable order. But the petitioner
apprehends that before filing the appeal, he will be
forced to vacate the pig farm. Hence this Writ Petition
is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for
the Pollution Control Board and the learned Standing
Counsel appearing for the Panchayat. The manner in
which this Writ Petition is going to be disposed of, no
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notice is necessary to the 5th respondent. If the 5th
respondent is aggrieved by any of the directions issued
by this Court, the 5th respondent is free to file a Review
Petition before this Court.
4. After hearing both sides, I think the petitioner
can be allowed to file an appeal against Ext.P9 within a
time frame and there can be a direction to consider the
appeal and till then the status quo as on today can
continue.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The petitioner is free to challenge
Ext.P9 by filing appropriate appeal
before the appellate authority within
two weeks from the date of receipt of a
certified copy of this judgment.
2. If such an appeal is received, the
appellate authority will consider the
same after giving an opportunity of
hearing to the petitioner, as
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expeditiously as possible, at any rate,
within a period of six weeks from the
date of receipt of the appeal.
3. If the appeal is filed as directed above,
the status quo as on today as far as the
pig farm is concerned will continue till
the disposal of the appeal.
4. The 4th respondent is directed to
consider the renewal application
submitted by the petitioner as evident
from Ext.P10 receipt, as expeditiously
as possible, at any rate, within a period
of one month from the date of receipt of
a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of Judgment 02.02.2026
Judgment dictated 02.02.2026
Draft Judgment placed 03.02.2026
Final Judgment uploaded 03.02.2026
2026:KER:8742
APPENDIX OF WP(C) NO. 4101 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACTS
FROM THE CONSENT TO OPERATE DATED 21-
11-2019 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD
EXHIBIT P2 A TRUE COPY OF THE CONSENT TO
ESTABLISH ORDER DATED 27-03-2021
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE LICENSE ISSUED ON
01-04-2021
EXHIBIT P4 A TRUE COPY OF THE LICENSE DATED 28-
06-2024, VALID UPTO 31-03-2025
EXHIBIT P5 A TRUE COPY OF THE SCREEN SHORT
EVIDENCING SUBMISSION OF APPLICATION
THROUGH CASE PART ON 27-05-2025
EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 08-
01-2026 ISSUED BY THE SECRETARY OF
THE MUNICIPALITY
EXHIBIT P7 A TRUE COPY OF THE HEALTH CERTIFICATE
DATED 01-02-2026 ISSUED BY THE
VETERINARY SURGEON
EXHIBIT P8 A TRUE COPY OF THE REPLY DATED 28-01-
2026 SUBMITTED BY THE PETITIONER
BEFORE THE PANCHAYATH
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 31-01-
2026 ISSUED BY THE SECRETARY OF THE
PANCHAYATH
EXHIBIT P10 A TRUE COPY OF THE ACKNOWLEDGEMENT
EVIDENCING SUBMISSION OF ONLINE
APPLICATION BEFORE THE KERALA STATE
POLLUTION CONTROL BOARD
