IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 36584 of 2007(E) -------------------------- PETITIONER: ------------ ANTI MARKET ACTION COUNSEL, KOLANNUR, ERAVAKKAD P.O., KUMARANALLUR-PALAKKAD DISTRICT, PIN-679 552, REPRESENTED BY ITS GENERAL SECRETARY, MOHAMMED MANU, AGED 52 YEARS, S/O.AHAMMED UNNI, KOTTAVALAPPIL HOUSE, KOLANNUR, ERAVAKKAD PO, PIN-679 552. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ------------- 1. M.K.SULAIMAN, MARAYAMKUNNATH HOUSE, KUMARANALLUR, KOLANNUR, ERAVAKKAD PO, PIN-679 552. 2. KAPPUR GRAMA PANCHAYATH, OTTAPPALAM TALUK, REPRESENTED BY ITS SECRETARY. 3. THE KERALA STATE POLLUTION CONTROL BOARD, OFFICE OF THE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM-REPRESENTED BY ITS CHAIRMAN. 4. THE DISTRICT MEDICAL OFFICER, CIVIL STATION, PALAKKAD. 5. THE ANIMAL HUSBANDRY OFFICER, OFFICE OF ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM. 6. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. BY ADV. SRI.SANTHEEP ANKARATH SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.K.P.MOHAMED SHAFI SRI.T.P.SAJID SRI.M.K.CHANDRAMOHAN DAS, SC, PCB GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 36584 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31th day of March, 2008 JUDGMENT The prayers in this writ petition are that the second respondent Panchayat be directed not to issue any licence to the first respondent in respect of a cattle market and slaughtering house and if licence is already issued, direct the Panchayat to withdraw the same on the reason that the same will create environmental and hygiene related problems to the residents of the locality. Pleadings have been raised by the various respondents in this case including the Pollution Control Board and the party respondent. But in the nature of the orders which are being passed in this writ petition, it is not necessary that this court considers the merits of the grounds/contentions. The second respondent statutory authority is yet to issue licence to the first respondent regarding the proposed cattle market cum slaughtering house. The third respondent-Pollution Control Board has not so far issued any consent either to establish or to operate the unit. WPC.No.36584/08 2 2. Sri.C.Khalid, counsel for the party respondent submits that the building was constructed by the first respondent as permitted by the Panchayat and the Panchayat is waiting for report from the District Medical Officer for considering the application for licence. According to the statement filed by the Pollution Control Board, instructions have been given to the Panchayat not to consider the application for licence before the first respondent obtains a consent from the Pollution Control Board and before no objection certificate is issued by the 4th respondent in favour of the first respondent. 3. Under the above circumstances, I am of the view that the grievance of the petitioner will be redressed to a reasonable extent if the petitioner is also directed to be involved in the process of issue of licence by the second respondent Panchayat to the first respondent. Accordingly, this writ petition will stand disposed of issuing the following directions: The third respondent is directed to issue notice to the first respondent and hear the first respondent also before the third respondent takes a decision on the application for consent to operate WPC.No.36584/08 3 submitted by the first respondent. It is open to the first respondent to urge before the third respondent all available contentions during the hearing to be conducted by the third respondent. The second respondent Panchayat is directed to insist on no objection certificate from the 4th respondent and consent to operate from the third respondent before the application for licence submitted by the first respondent is considered. While the licence application is being considered, the Panchayat will issue hearing notice to the petitioner and hear the petitioner also before orders are passed on the licence application. The Panchayat will ensure that the cattle market cum slaughtering house are not operated by the first respondent before licence in pursuance to the above directions are obtained by the first respondent. The outer time limit for complying with the above direction will be one month from today in the case of the third respondent - Pollution Control Board and 1 ½ months from today in the case of second respondent-Panchayat. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.36584/08 4