Disposed

T.K.Madhu & Another v. Shibu.M.K.&Others

Kerala HC25 Mar 2010WP(C)/6615/2007

Case brief

AI extract

What is this about?

Petitioners complained of a piggery operating without a license, causing pollution and health hazards. The Court directed the Police to enforce existing panchayat decisions and ordered authorities to ensure the closure of the establishment if orders were violated, with an action report to be filed within three months.

What did the court decide?

Directed police to enforce panchayat orders and authorities to close down the establishment if orders are violated; action report to be filed within three months.

T.K.Madhu & Another Vs Shibu.M.K.&Others — Environment and Pollution | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932

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WP(C).No. 6615 of 2007(K) ------------------------------------

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PETITIONER(S):

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-----------------------

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1. T.K. MADHU, THOTTUKAVILPARAMBIL, DEVAGIRI P.O., KANGAZHA, KOTTAYAM.

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2. C.K. JOSEPH @ JOJI, S/O.KOSHI, CHEENIKALAYIL, PUTHAKUZHI P.O., NEAR HOSPITAL JUNCTION, KANGAZHA, KOTTAYAM.

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BY ADV. SRI.M.P.MADHAVANKUTTY

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RESPONDENT(S):

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-------------------------

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1. SHIBU. M.K., MANNALAYIL, NEAR HOSPITAL JUNCTION, KANGAZHA, KOTTAYAM.

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2. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM.

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3. VAZHOOR GRAMA PANCHAYATH, KOTTAYAM, REP. BY ITS SECRETARY.

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4. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM.

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5. REVENUE DIVISIONAL OFFICER, KOTTAYAM.

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R2 & R5 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. R3 BY ADV. SRI.R.S.KALKURA FOR R3 SRI.M.S.KALESH FOR R3 R4 BY ADV. SRI.M.K.CHANDRA MOHAN DAS, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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THOTTATHIL B.RADHAKRISHNAN, J.

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= = = = = = = = = = = = = = = = = = = = = = = =

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W.P.(C).No.6615 of 2007-K

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= = = = = = = = = = = = = = = = = = = = = = = =

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Dated this the 25^th day of March, 2010.

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Judgment

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1.The petitioners are residents within the limits of the third respondent Vazhoor panchayat. They complain that the first respondent is carrying on certain activities of a piggery and is also involved in certain other activities using animal waste and remains available after slaughtering. The petitioners have the uncontroverted contention that the first respondent does not have any licence and that the action is in violation of the statutory rules and is in breach of the norms governing pollution. It is also their case that the activity of the first respondent erodes public health. It is also shown that the panchayat had issued a stop memo.

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2.Under the aforesaid circumstances, it is ordered that the concerned Sub Inspector of Police will

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WPC6615/07 -: 2 :-

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enforce any decision that has been issued provided such decision is current and not interfered with by any higher authorities. It is further ordered that if the first respondent carries on the activity in violation of the orders of the panchayat, the panchayat authorities shall ensure that the establishment is closed down and public health restored in terms of the laws. Let the needful following this judgment be taken and action taken report filed in the form of an affidavit before the Registrar General of this Court within three months. The writ petition ordered accordingly.

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THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0604

T.K.Madhu & Another v. Shibu.M.K.&Others

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T.K.Madhu & Another v. Shibu.M.K.&Others

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