Disposed

C.Shaji v. State of Kerala

Kerala HC10 Jun 2020WP(C)/6607/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of this writ petition regarding alleged unlicensed cattle business and nuisance by the fifth respondent. The court directed the third respondent to consider the complaint with notice to affected parties within two months.

What did the court decide?

The third respondent to consider the grievance petition (Ext. P5) with notice to affected parties and take a decision within two months.

C.Shaji Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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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 V.G.ARUN

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WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942

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WP(C).No.6607 OF 2020(A)

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PETITIONER/S:

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C.SHAJI AGED 55 YEARS

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S/O.CHELLAPPAN NADAR, S.P.BHAVAN, VELLAMODI, THIRUPURAM P.O., THIRUVANANTHAPURAM-695133.

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BY ADVS. SMT.GISA SUSAN THOMAS SHRI.BENRAJ K.R.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043.

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3 REVENUE DIVISIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

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4 THIRUPURAM GRAMA PANCHAYATH, PAZHAYAKADA, THIRUPURAM P.O., THIRUVANANTHAPURAM-695133, REPRESENTED BY SECRETARY.

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5 D.BABU, AGED 55 YEARS S/O.DASAYYAN, ABHILASH BHAVAN, VELLAMODI, THIRUPURAM P.O.,THIRUVANANTHAPURAM-695133, NOW

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W.P.(C) No. 6607 of 2020

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-2-

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RESIDING AT GRACE VILLA, PAZHAYAKADA, NEAR CHATHINAR SREE DURGA DEVI TEMPLE, THIRUPURAM P.O., PIN-695133.

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R4 BY ADV. SMT.K.S.SHARMILA R4 BY ADV. SRI.S.PREMJITH KUMAR R4 BY ADV. SRI.GOVIND PADMANAABHAN R5 BY ADV. SMT.JOHN NELLIMALA SARAI

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OTHER PRESENT:

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GP DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 6607 of 2020

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Dated this the 10^th day of June, 2020

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JUDGMENT

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The grievance highlighted in this writ petition is regarding the alleged conduct of business in cattle by the 5^th respondent, without licence and causing nuisance and disturbance to the peaceful living of the petitioner and the nearby residents. It is alleged that the 5^th respondent is an employee of the KSEB and therefore, cannot indulge in business. It is also alleged that the business is being conducted without the requisite licence/clearance from the local authority.

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2. The 5^th respondent has filed a counter affidavit, controverting the allegations. According to the 5^th respondent, his wife who is rearing cattle and supplying milk to the nearby

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milk marketing society. It is the specific contention of the 5^th respondent that since the

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number of cow is below five, no licence is

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W.P.(C) No. 6607 of 2020

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required under the relevant rules.

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3. The learned Counsel for the petitioner would submit that a complaint having been raised before respondents 2 and 3, they are obliged to conduct an enquiry.

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4. The learned Government Pleader submits that the third respondent would look into the complaint and conduct an enquiry with notice to the petitioner and the person who is conducting the business, whether it be the 5^th respondent or his wife.

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In the circumstances, the writ petition is disposed of directing the third respondent to consider Ext.P5 and take a decision thereon, with notice to the affected parties, within a period of two months from the date of receipt of a copy of this judgment. No order as to costs.

Sd/-

V.G.ARUN JUDGE

Scl/10.06

W.P.(C) No. 6607 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	COPY OF THE COMPLAINT DATED 11.11.2019 BEFORE THE 4TH RESPONDENT.
EXHIBIT P2	COPY OF THE COMPLAINT DATED 17.12.2019 BEFORE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM.
EXHIBIT P3	COPY OF THE PETITION DATED 13.01.2020 PREFERRED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P3(A)	COPY OF THE REPLY DATED 30.01.2020 BY THE 4TH RESPONDENT.
EXHIBIT P4	COPY OF THE GRIEVANCE PETITION DATED 22.01.2020 PREFERRED BY THE PETITIONER BEFORE 2ND RESPONDENT.
EXHIBIT P4(A)	COPY OF THE ACKNOWLEDGMENT CARD.
EXHIBIT P5	COPY OF THE GRIEVANCE PETITION DATED 22.01.2020 PREFERRED BY THE PETITIONER BEFORE 3RD RESPONDENT.
EXHIBIT P5(A)	COPY OF THE ACKNOWLEDGMENT CARD DATED 28.01.2020.
EXHIBIT P6	TRUE PHOTOGRAPHS SHOWING THE ILLEGAL ACTIVITIES OF THE 5TH RESPONDENT.

C.Shaji v. State of Kerala

Case brief

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C.Shaji v. State of Kerala

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