Writ petition seeking direcion to close illegal pig farm disposed as unit already closed by Panchayat following stop memo; no further orders necessary.
Petition disposed with observation that no further orders needed as grievance resolved by removal of pigs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936
WP(C).No. 14226 of 2014 (C)
PETITIONER(S):
1. JOHNY KURIEN, THANIKUNNEL HOUSE, KURUKKANMOOLA, PAYYAMPALLY P.O., MANANTHAVADY, WAYANAD DISTRICT-670 646.
2. P.K. MATHEW, S/O. KURIYAN, PONPARAYIL HOUSE, KURUKKANMOOLA, PAYYAMPALLY P.O., MANANTHAVADY, WAYANAD DISTRICT-670 646.
BY ADVS.SRI.SAJI MATHEW, SRI.DENU JOSEPH.
RESPONDENT(S):
1. MANANTHAVADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANANTHAVADY P.O., PIN-670 645.
2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS DISTRICT OFFICER, DISTRICT OFFICE, JASMINE COMPLEX, KALPETTA, WAYANAD-673 121.
3. THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, MANANTHAVADY, WAYANAD-670 645.
4. DISTRICT MEDICAL OFFICER (HEALTH), MANANTHAVADY, WAYANAD-670 645.
5. K.M. JOSE, S/O. MATHAI, KIZHAKKEDATH HOUSE, KURUKKANMOOLA, PAYYAMPALLY P.O., MANANTHAVADY, WAYANAD DISTRICT-670 646.
R1 BY ADV. SRI.MANOJ RAMASWAMY. R2 BY ADV. SRI. M.AJAY, SC. R3 & R4 BY GOVT. PLEADER SMT.C.K. SHERIN. R5 BY ADV. SRI.JIJI THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2014, THE COURT ON THE SAME DAY DELIVERED THE THE FOLLOWING:
rs.
WP(C).No. 14226 of 2014 (C)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS & ANNEXURES:-
//TRUE COPY//
P.A. TO JUDGE
rs.
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 14226 of 2014
Dated this the 1st day of December, 2014
JUDGMENT
The petitioners have approached this Court with the
following prayers:
“a) To issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to ensure that appropriate action is taken to stop the functioning of the pig farm illegally run by the 5th Respondent without any license or authority.
b. To issue a writ of mandamus or any other appropriate writ or direction directing respondents 1 to 4 to ensure that the respondent No.5 or anybody claiming under him is not continuing to conduct subject pig farm without strict adherence to the statutory provisions within the respective jurisdiction.”
run by the fifth respondent without complying with the statutory requirements and without proper licence/clearance from the concerned authority. The factual position is sought to be rebutted by the 5th respondent by filing a counter affidavit also producing relevant documents as Exts. R5(a) to R5(d). Some additional documents; such as show cause notice issued by the
W.P.C. No. 14226 of 2014 -2-
2nd respondent and the compliance report submitted by the fifth respondent before the second respondent, have been produced as Exts. R5(e) and R5(f) along with I.A. No. 14743 of 2014. A report has been filed on behalf of the second respondent as directed by this Court on 25.9.2014, which shows that, pursuant to the complaint obtained, an enquiry was conducted on 19.09.2014 and 22.09.2014. It is stated that, during the inspection the pig farm and surroundings were found in a very unhealthy and unhygienic manner and that the conditions, incorporated in the consent given earlier were not seen complied with. It is also stated that, a notice to revoke the consent was issued to the owner of the unit, a copy of which has been produced as Annexure R2(2).
“The counsel for the Panchayat submits that a stop memo has been issued to the unit of the fifth respondent, to which no license has been issued by the Panchayat. The counsel submits that the stop memo would be implemented without further delay.
Post after a week.”
W.P.C. No. 14226 of 2014
-3-
This being the position, no further orders are necessary in this writ petition and the same is disposed of accordingly. It is made clear that, this will not bar the way of 5th respondent in pursuing other appropriate proceedings with regard to the grievance, if any, in accordance with the relevant provisions of law.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
Johny Kurien
P.K. Mathew
Mananthavady Grama Panchayath
Kerala State Pollution Control Board
Sub Collector/Revenue Divisional Officer, Mananthavady
District Medical Officer (Health), Mananthavady
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
