Disposed

Aslam P v. Nellikuzhy Grama Panchayat, Kothamangalam

Kerala HC3 Aug 2022WP(C)/18522/2022

Case brief

AI extract

What is this about?

This order disposes of two writ petitions concerning a poultry chicken centre. One petitioners alleged illegal pollution, while the other sought a licence for a new centre. The court directed the Panchayat Secretary to consider the licence application and affected parties' grievances within two weeks.

What did the court decide?

Directed the Secretary of Nellikuzhi Grama Panchayat to consider the licensed application and hear affected parties within two weeks.

Aslam P Vs Nellikuzhy Grama Panchayat, Kothamangalam — Environment and Pollution | Kerala HC (2022)

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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 N.NAGARESH WEDNESDAY, THE 3^RD DAY OF AUGUST 2022/

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12TH SRAVANA, 1944

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WP(C) NO. 14810 OF 2022

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PETITIONERS

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1 LAISA ELIYAS

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AGED 62 YEARS

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S/O. ELIYAS, MALIYIL P.O, HOUSE, DOOR NO.VIII/421, NELLIKUZHI, KOTHAMANGALAM HOUSEDOOR

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2 MOLLY THOMAS, AGED 63 YEARS, KUNNATHU HOUSE DOOR NO.VIII/422, NELLIKUZHI P.O, NELLIKUZHI, KOTHAMANGALAM

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BY ADVS. JOHNSON ABRAHAM NELSON ABRAHAM

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RESPONDENTS

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1 THE SECRETARY, NELLIKUZHI GRAMA PANCHAYAT NELLIKUZHI GRAMA PANCHAYAT, NELLIKUZHI, NELLIKUZHI P.O, PIN-686691, KOTHAMANGALAM

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2 THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHERUVATTOOR-686691

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3 THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR ERNAKULAM- 682020

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4 SALIM, AGED ABOUT 50 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONERS, NAICKALMAVUDI HOUSE, N.M.K.ARCADE, NANGELIPADI, NELLIKUZHI P.O, PIN-686691, KOTHAMANGALAM

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W.P(C) No.14810 & 18522 of 2022 2

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5. FAISAL, AGED ABOUT 51 YEARS, FATHER'S NAME NOT KNOWN NAICKAL MAVUDI HOUSE, N.M.K.ARCADE, NANGELIPADI, NELLIKUZHI P.O, PIN-686691, KOTHAMANGALAM

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BY ADV K.S.ARUN KUMAR, SC, NELLIKKUZHY GRAMA PANCHAYATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH WP(C).18522/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.14810 & 18522 of 2022 3

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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 N.NAGARESH WEDNESDAY, THE 3^RD DAY OF AUGUST 2022 / 12TH

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SRAVANA, 1944

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WP(C) NO. 18522 OF 2022

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PETITIONER

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ASLAM P.M AGED 28 YEARS S/O MUHAMMAD, AGED 28 PUNNOOR HOUSE, BHOOTHATHANKETTU P.O PINDIMANA, MUVATTUPUZHA- 686681 BY ADVS. SACHIN RAMESH ARAVIND T RAMESH

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RESPONDENTS

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1 NELLIKUZHY GRAMA PANCHAYAT, KOTHAMANGALAM NELLIKUZHI P.O, NELLIKUZHI, KOTHAMANGALAM, ERNAKULAM DISTRICT, 686691, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY NELLIKUZHI GRAMA PANCHAYAT, NELLIKUZHI P.O NELLIKUZHI, KOTHAMANGALAM ERNAKULAM DISTRICT, 686691

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3 THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD GANDHI NAGAR, ERNAKULAM - 682020.

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4 THE MEDICAL OFFICER, PRIMARY HEATH CENTRE CHERUVATTOOR, KOTHAMANGALAM- 686691

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ADDL.R5 LAISA ELIYAS AGED 62 YEARS S/O. ELIYAS, MALIYIL HOUSE, DOOR NO. VIII/421, NELLIKUZHI P.O., NELLIKUZHI, KOTHAMANGALAM.

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W.P(C) No.14810 & 18522 of 2022 4

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ADDL.R6 . MOLLY THOMAS AGED 63 YEARS KUNNATHU HOUSE, DOOR NO.VIII/422, NELLIKUZHI P.O., NELLIKUZHI, KOTHAMANGALAM IS IMPLEADED AS ADDITIONAL R5 AND R6 AS PER ORDER DATED 20.07.2022 IN I.A.1/2022 IN WPC 18522/2022. BY ADVS. JOHNSON ABRAHAM NELSON ABRAHAM

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OTHER PRESENT:

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SRI.SYAMANTHAK B S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH WP(C).14810/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.14810 & 18522 of 2022 5

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J U D G M E N T

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Dated this the 3^rd day of August, 2022 (W.P(C) No.14810 & 18522 of 2022)

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Both these writ petitions relate to running of Poultry Chicken Centre in Nellikuzhi Grama Panchayat.

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In W.P(C) No.14810 of 2022, the petitioners

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allege that respondents 4 and 5 are conducting a chicken meat production centre close to the proximity of the petitioners' house. The chicken meat centre is causing grave pollution and the lives of the local residents have become intolerable. The activities of respondents 4 and 5 are without obtaining any licence either from the Panchayat or from the Pollution Control Board. Though the petitioners have filed complaints before the authorities, the concerned respondents have not taken any steps to stop the illegal and unauthorised

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W.P(C) No.14810 & 18522 of 2022 6

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conduct of chicken meat centre. The petitioners are before this Court under the said circumstances.

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W.P.(C) No.18522 of 2022 has been filed by

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the petitioner therein stating that he wanted to start a chicken meat centre in Nellikuzhi Grama Panchayat and submitted an application for D&O licence. The application submitted to the Panchayat authorities is acknowledged by Ext.P7. According to the petitioner, the petitioner has obtained Consent from the Pollution Control Board and a No Objection Certificate from the Health Department. In view of the above, the Panchayat authorities are liable to consider his application for D&O licence. The failure of the Panchayat authorities in considering the application is causing undue hardship to the petitioner, contends the petitioner in W.P(C) No.18522 of 2022.

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The Standing Counsel for Pollution Control

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Board submitted that the Pollution Control Board has

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W.P(C) No.14810 & 18522 of 2022 7

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issued to the petitioner Ext.P5 Consent to Operate. If any complaint is received regarding pollution in the matter, the Pollution Control Board authorities will examine the matter appropriately.

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The Standing Counsel representing Nellikuzhi

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Grama Panchayat submitted that if the petitioner has submitted application for issuance of licence, the same can be considered in accordance with law. The Standing Counsel submitted that there are complaints raised from various quarters against the running of the chicken meat unit. The Panchayat authorities will take a decision appropriately after hearing the affected parties.

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I have heard the learned counsel for the petitioners in both the writ petitions, the respective learned Standing Counsel appearing for the Pollution Control Board and the Panchayat and the learned Government Pleader representing the Medical Officer.

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W.P(C) No.14810 & 18522 of 2022 8

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From the pleadings in the writ petition, it is discernible that the petitioners in W.P(C) No.14810 of 2022 have filed complaint before the Panchayat authorities regarding the alleged illegal and unauthorised functioning of a chicken meat shop. Though respondents 4 and 5 therein are stated to be the persons behind the chicken meat stall, the petitioner in W.P(C) No.18522 of 2022 would submit that he is the one who is running the chicken stall. It is evident from Ext.P7 acknowledgment that the petitioner in W.P(C) No.18522 of 2022 is seeking issuance of a licence for running the chicken meat centre.

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As an application for licence for running a chicken centre being a statutory application under the provisions of the Kerala Panchayat Raj Act and Rules made thereunder, the competent authority is bound to consider the application and take appropriate decision

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W.P(C) No.14810 & 18522 of 2022 9

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in the matter in accordance with law, within a reasonable time. Since the petitioners in W.P(C) No.14810 of 2022 have raised grievances regarding the conduct of the chicken meat stall, while considering the matter, the grievances of the petitioners in W.P(C) No.14810 of 2022 should also be adverted to.

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It is seen that the Panchayat authorities have issued Ext.P8 Stop Memo directing the petitioner in W.P(C) No.18522 of 2022 to shut down the chicken meat shop.

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The petitioner in W.P(C) No.18522 of 2022 submits that since the petitioner has made application for licence and since there is no response from the respondents, the petitioner is entitled to a deemed licence. This is a matter which has to be looked into by the Secretary to the Panchayat.

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In the facts and circumstances of the case, the writ petitions are disposed of directing the

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W.P(C) No.14810 & 18522 of 2022 10

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Secretary to Panchayat to consider the application for licence submitted by the petitioner in W.P(C) No.18522 of 2022 and acknowledged as per Ext.P7, after hearing the petitioners in both the writ petitions. A decision in this regard shall be taken within a period of two weeks.

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Sd /-

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N. NAGARESH, JUDGE

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smm/10.08.2022

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W.P(C) No.14810 & 18522 of 2022 11

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APPENDIX OF WP(C) 14810/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF COMPLAINT DATED 14.03.2022 SUBMITTED BEFORE 1ST RESPONDENT. Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 14.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. Exhibit P3 THE TRUE COPY OF COMPLAINT DATED 14.03.2022 SUBMITTED BEFORE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 19.03.2022 FILED BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED 19.3.2022

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W.P(C) No.14810 & 18522 of 2022 12

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APPENDIX OF WP(C) 18522/2022

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PETITIONER EXHIBITS

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Exhibit	P1 COPY OF THE RENT AGREEMENT DATED 30/04/2022 BETWEEN LANDLORD AND PETITIONER.
Exhibit	P2 COPY OF THE HEALTH CARD DATED 21/03/2022 ISSUED TO THE EMPLOYEE 1.
Exhibit	P2(a) COPY OF THE HEALTH CARD DATED 21/03/2022 ISSUED TO THE EMPLOYEES 2.
Exhibit	P3 COPY OF THE CERTIFICATE DATED 11/05/2022 ISSUED BY PARAKKAL INDUSTRIES.
Exhibit	P4 COPY OF THE STOP MEMO DATED 10/05/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit	P4(a) COPY OF THE ORDER DATED 29.4.2022 IN WP(C) NO. 14810/2022 OF THIS HON'BLE COURT
Exhibit	P5 COPY OF THE CONSENT TO OPERATE, DATED 12/05/2022 THE SHOP GRANTED TO THE PETITIONER BY THE 2ND RESPONDENT.
Exhibit	P6 COPY OF THE NO- OBJECTION CERTIFICATE DATED 24/05/2022 ISSUED BY THE HEALTH INSPECTOR OF THE 3RD RESPONDENT
Exhibit	P7 COPY OF THE ACKNOWLEDGEMENT RECEIPT OF APPLICATION ISSUED BY THE 1ST RESPONDENT.
Exhibit	P8 COPY OF THE NOTICE DATED 03.06.2022 ISSUED BY THE 1ST RESPONDENT TO SRI. SALIM.

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W.P(C) No.14810 & 18522 of 2022 13

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RESPONDENTS EXHIBITS A TRUE COPY OF COMPLAINT DATED 14.03.2022 SUBMITTED BEFORE 2ND Exhibit R1 RESPONDENT Exhibit R2 THE TRUE COPY OF THE RECEIPT DATED 14.03.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit R3 THE TRUE COPY OF COMPLAINT DATED 14.03.2022 SUBMITTED BEFORE 4TH RESPONDENT. Exhibit R4 THE TRUE COPY OF THE COMPLAINT DATED 19.03.2022 FILED BEFORE THE 3RD RESPONDENT. Exhibit R5 TRUE COPY OF THE POSTAL RECEIPT DATED 19.03.2022. Exhibit R6 THE TRUE COPY OF STOP MEMO ISSUED BY THE 2ND RESPONDENT DATED 10.05.2022 Exhibit R7 TRUE COPY OF STOP MEMO DATED 12.05.2022 ISSUED BY THE 3RD RESPONDENT.

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W.P(C) No.14810 & 18522 of 2022 14

Aslam P v. Nellikuzhy Grama Panchayat, Kothamangalam

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Aslam P v. Nellikuzhy Grama Panchayat, Kothamangalam

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