IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WA.No. 1561 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.16394/2008 Dated 22/07/2008 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SHANOJ.T.K, S/O.SHAMSUDEEN (LATE), AGED 31, PUTHENPEEDIYEKKAL HOUSE, MARAKKULAMKUNNU, WANDOOR, MALAPPURAM. 2. V.M. AYISHAKUTTY, W/O. VEERANKUTTY HAJI, PUTHANPEEDIYEKKAL HOUSE, MARAKKULAMKUNNU, WANDOOR, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE WANDOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, WANDOOR, MALAPPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, MALAPPURAM. 3. P. ABDUL MAJEED, S/O. PULADAN ABDU RAHIMAN, PULADAN HOUSE, MARAKKULAMKUNNU, WANDOOR, MALAPPURAM. ADV. SRI.G.HARIHARAN FOR R3 SRI.PRAVEEN.H. SRI.A.SUDHI VASUDEVAN FOR R2 SRI.MANZOOR B.H. FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.1561/2008 -------------------------------- Dated this 4th day of February, 2009 JUDGMENT Koshy (Ag.C.J.) Appellants are conducting poultry farms. It is submitted that they obtained consent from the Pollution Control Board. They approached this Court contending that they can run the farm without obtaining a licence under Section 232 of the Panchayath Raj Act. It is submitted that in the absence of a Gazette notification issued under Section 232 of the Act, it was not a statutory requirement to obtain such licence. We are of the view that if the poultry farm is conducted for non- domestic purposes, it will come definitely under entry 130 of the “The Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. Appellants applied for licences and it was rejected. At the time of admission of the Writ appeal, a Division Bench of this Court allowed the appellants to function the poultry farms without interference and that W.A.1561/2008 2 is continuing. Ext.R3 is an appealable order before the Panchayat Committee as required under the Panchayath Raj Act. If an appeal is filed within one month from today, the Panchayat Committee shall decide the appeal after notice to the appellants and objectors and pass appropriate orders within one month from the date of receipt of the appeal. Till further orders are passed, status quo shall be maintained. Writ appeal is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs