Petitioner challenged a notice to stop a poultry farm. The court observed that licences and permits had expired, rendering the petition infructuous and disposing of it.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944
WP(C) NO. 4138 OF 2016
PETITIONER:
A. DAMODARAN NAIR, AGED 65 YEARS, VALLAVASSERIL, PANAMTTOM PO, PONKUNNAM, KOTTAYAM DISTRICT
BY ADVS.SRI.S.MANU
SMT.PRIYANKA VARGHESE
RESPONDENTS:
BY ADV SRI.V.V.SURESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.4138 of 2016
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JUDGMENT
Dated this the 11th day of July 2022
This writ petition is filed by the petitioner seeking the following reliefs:
“i) to call for the records leading to Ext.P6 notice and to quash Ext.P6 by issuing a writ of certiorari or any other appropriate writ, order or direction.
ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent not to proceed against the petitioner on the basis of the opinion of the District Medical Officer till the consent issued by the Pollution Control Board remains valid.”
W.P.(C)No.4138 of 2016
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before the Panchayat Committee, which was pending consideration. However, apprehending that coercive action would be taken, the writ petition is filed.
W.P.(C)No.4138 of 2016
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petitioner is carrying on business after securing necessary licence and permit from the respective statutory authorities, petitioner is entitled to carry on the same in accordance with law.
Writ petition is disposed of.
SD/SHAJI P. CHALY JUDGE
jes
W.P.(C)No.4138 of 2016
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P5 A TRUE COPY OF THE REPPORT DATED 13.01.2016 OF THE SUB COMMITTEE.
EXT.P6 A TRUE COPY OF THE NOTICE DATED 19.01.2016.
EXT.P7 A TRUE COPY OF THE MEMORANDUM OF APPEAL.
EXT.P8 A TRUE COPY OF THE APPLICATION OF STAY.
EXT.P9 A TRUE COPY OF THE RECEIPT OBTAINED ON SUBMITTING EXHIBIT P8.
// TRUE COPY //
A. Damodaran Nair
Elikkulam Grama Panchayat
Secretary, Elikkulam Grama Panchayat
President, Elikkulam Grama Panchayat
Rahima Beevi
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
