This writ petition challenged a dairy farm operation alleged to pollute water. The court directed the Mazhuvannur Panchayat to implement its own order (Ext.P8) shutting down the farm within one month.
Respondents 2 and 3 directed to implement Ext.P8 order within one month; police assistance permitted if necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944
WP(C) NO. 2318 OF 2022
PETITIONER/S:
KURIAKOSE K. VARGHESE, AGED 37 YEARS
S/O. VARGHESE V. KURIAKOSE, VELAKKATTU KUZHIYIL
VEEDU, EZHIPRAM, SOUTH MAZHUVANNUR P.O., PIN-
686669.
BY ADV SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENT/S:
1 DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD P.O., PIN682030.2 MAZHUVANNUR GRAMA PANCHAYATH, MAZHUVANNUR, AIRAPURAM P.O., PIN-683541, REP. BY ITS SECRETARY.3 SECRETARY, MAZHUVANNUR GRAMA PANCHAYATH, MAZHUVANNUR, AIRAPURAM P.O., PIN-683541.4 VARGHESE, S/O. MATHEW, AGE NOT KNOWN TO THE PETITIONER, PATTAMATTIL HOUSE, SOUTH MAZHUVANNUR P.O., EZHIPRAM KARA, PIN-683541.5 ADDL.R5.THE ANIMAL HUSBANDRY DEPARTMENT CLUB ROAD, PALLIMUKKU, KOCHI, KERALA-682011, REPRESENTED BY ITS DIRECTOR. (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 7-32022 IN IA 1/2022 IN WP(C) 2318/2022).OTHER PRESENT:
SRI.ABRAHAM.P.MEACHINKARA, SC,
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 2318 of 2022
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 2318 of 2022
Dated this the 8th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
“i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 2 and 3 to implement Exhibit P8 order and to direct the 4th respondent to stop the functioning of the dairy farm.
ii) Issue such other appropriate writ, order or direction, directing respondents 1 to 3 to direct the 4th respondent not to pollute the drinking water source of the petitioner and the public thodu.
iii) Grant such other reliefs which in the circumstances of this case this Hon’ble Court deems just and proper.” (sic)
respondent Panchayat. The 4th respondent is the owner of the
five cents of property on the northern boundary of the petitioner’s property and he is conducting a livestock farm (cow
W.P.(C). No. 2318 of 2022
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farm having 15 cows). According to the petitioner, the 4th respondent is conducting the diary farm without licence as per the provisions of the Kerala Panchayat Raj Act (Licence to Livestock Farms) & Rules, 2012. The cow dung and other waste and effluents from the property of the 4th respondent is leaking to the property of the petitioner and seeping into the well of the petitioner. The petitioner’s well and the drinking water is contaminated due to the same. The petitioner approached the respondent Panchayat and the Panchayat issued Ext.P8 notice to the 4th respondent. Even though there is no response from the 4th respondent, this writ petition is filed.
W.P.(C). No. 2318 of 2022
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It is the duty of the Panchayat to implement the same as long as Ext.P8 is in force. Therefore, this writ petition can be disposed of directing the Panchayat to implement Ext.P8 order, within a time frame, if it is not modified or varied by any authority.
Therefore, this writ petition is disposed of in the following manner:
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 2318 of 2022
APPENDIX OF WP(C) 2318/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE COMPLAINT DATED
18.1.2020 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT.
Exhibit P2TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT IN RESPONSE TO EXT.P1
REPRESENTATION, ON 19.2.2020.
Exhibit P3TRUE COPY OF THE TEST REPORT DATED
9.11.2020 ISSUED BY THE REGIONAL
ANALYTICAL LABORATORY, KAKKANAD.
Exhibit P4TRUE COPY OF THE COMPLAINT SUBMITTED
TO THE 1ST RESPONDENT DATED 13.1.2021.
Exhibit P5TRUE COPY OF THE COMPLAINT SUBMITTED
TO THE 3RD RESPONDENT ON 13.1.2021.
Exhibit P6TRUE COPY OF THE JUDGMENT IN WP(C)
NO.1512/2021 OF THIS HON'BLE COURT
DATED 6.10.2021.
Exhibit P7TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 9.11.2021.
Exhibit P8TRUE COPY OF THE ORDER DATED 6.12.2021
OF THE 3RD RESPONDENT.
1 issue framed by the court
Whether the Panchayat is directed to implement its own order stopping the livestock farm.
KuriaKose K. Varghese
District Collector Ernakulam
Mazhuvannur Grama Panchayath
Secretary, Mazhuvannur Grama Panchayath
Varghese
Addl. R5. The Animal Husbandry Department
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court