IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 7743 of 2011(P) ---------------------------------- PETITIONER(S): ------------------------ ALEYAS, S/O.KURIAKOSE, AGED 48, VADAKKENANGAPARAMBEL HOUSE, VALAKOM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.M.V.PAULOSE RESPONDENT(S): ------------------------- 1. VALAKOM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MEKKADAMPU P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. * ADDL. R2 IS IMPLEADED *R2. V.V. ABRAHAM, SON OF V.I. VARGHESE, VADAKKENANGEPARAMBIL, MEKKADAMPU P.O., MUVATTUPUZHA, ERNAKULAM (DIST.) * IMPLEADED AS PER ORDER DT. 26-08-2011 IN I.A. NO. 14010/11. ADV. SRI.S.SHANAVAS KHAN, SC., FOR R1 SRI.T.K.VENUGOPALAN FOR ADDL.R2 SRI.SHIBU JOSEPH FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 7743 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE RESPONDENT TO STOP THE CATTLE KEEPING NO. C 466/11 DATED 10-12-2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.7743 OF 2011 ------------------------------- DATED THIS THE DAY 26TH OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P1 stop memo and for other incidental reliefs. Petitioner is running a cow farm for the last several years. Petitioner submits that there are only five cows in the farm and that he is eking out his livelihood by conducting the said farm. On the basis of the complaint filed by the additional 2nd respondent, the Panchayat issued Ext.P1 stop memo directing the petitioner to close the farm and report the matter to the Panchayat. Petitioner submits that Ext.P1 stop memo was issued without considering the true facts and without issuing notice to him. 2. Additional 2nd respondent filed a counter affidavit stating that the petitioner is not maintaining the cow farm in a hygienic manner and the filthy water discharged from the farm is causing pollution. According to the 2nd respondent, since the -2- W.P.(C).No.7743/2011 petitioner has not made any precautionary measures to prevent drainage from his dairy farm into the public road, the residents of the locality are suffering from severe hardship. It is also pointed out that since the road is having a slope from the petitioner's property to his property, cow dung, urine, waste water etc. drained from the petitioner's farm cause hardship and health hazards. Learned counsel for the Panchayat pointed out that Ext.R2(d) resolution was passed and pursuant thereto Ext.P1 stop memo was issued. Ext.P1was issued based on the complaint received from the persons residing in the locality. 3. It is not disputed that the petitioner is running a dairy farm during the last several decades. Of course, he should maintain the farm in a hygienic manner and he should have taken care in discharging the wastes so that the persons residing in the nearby area are not affected in any manner. It is a fact that Ext.P1 stop memo was issued without hearing the petitioner and without serving notice to him. 4. This Court is of the view that the Panchayat should -3- W.P.(C).No.7743/2011 not have issued Ext.P1 stop memo before hearing the petitioner and before giving an opportunity to him to take precautionary measures to avoid hardship to the people in the locality. The Panchayat straight away passed Ext.P1 stop memo based on the report submitted by the Health Inspector. 5. In these circumstances, this Court is of the view that the petitioner shall be given reasonable time for taking measures to avoid any sort of nuisance or pollution alleged to have been created by the conduct of running the dairy farm. Ext.P1 stop memo shall be kept in abeyance for a period of two months and the Panchayat shall hear the petitioner and the additional 2nd respondent before passing appropriate orders and direct the petitioner to take necessary measures for the proper conduct of the dairy farm. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.