IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15364 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- M.V.ALEXANDER, PACHAPPU ECO FRIENDLY FARM, KOLEDATHUSSERY, THIRUVANVANDOOR, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 109. 2. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 109. 3. THE SUB INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 109. 4. SRI.N.K.RAJENDRAN, NAMBALATHARA HOUSE, KOLADATHUSSERY, THIRUVANVANDOOR, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 109. 5. SRI.SURESH BABU, NAMBALATHARA PADINJARETHIL HOUSE, THIRUVANVANDOOR, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 109. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA R4 & R5 BY ADV. SRI.N.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15364/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CONSENT GIVEN BY THE POLLUTION CONTROL BOARD 26.5.2011. P2:- COPY OF THE APPLICATION DTD. 28.5.2011 GIVEN BY THE PETITIONER. P3:- COPY OF THE DETAILED FURNISHED BY THE PETTIIONER TO THE SECRETARY OF THE PANCHAYAT DTD. 30.5.2011. P4:- COPY OF THE REUEST GIVEN TO THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.15364 OF 2011 ............................................. Dated this the 10th day of June, 2011. JUDGMENT Basant, J: Petitioner has come to this Court seeking issue of directions to respondents 1 to 3 under Article 226 of the Constitution to enable the petitioner to run his Eco Friendly Farm where he rears pigs and cows against any illegal obstruction that may be raised by respondents 4 and 5. According to the petitioner he is legally authorised to run the said pig/cow farm. Respondents 4 and 5 are causing illegal obstruction against the running of the said farm. 2. Respondents 4 and 5 have entered appearance though counsel. Learned counsel submits that the petitioner does not have the requisite licence issued under the Panchyath Raj Act. No licence has been issued to him. The learned counsel for respondents 3 and 5 submits that the respondents have information that the application for licence submitted by the petitioner has been dismissed by the panchayat. The petitioner submits that unfortunately he W.P.(C).NO.15364 OF 2011 : 2 : has no such information. We will assume that the petitioner has not been informed and it is the duty of the panchayat certainly to inform the petitioner about the fate of his application Ext.P2 which bears the date 28.5.2011. It is the case of the petitioner that consent to operate the farm has been issued by the Kerala State Pollution Control Board under Ext.P1. To a pointed question by us, the learned counsel for the petitioner asserts that though application Ext.P2 is pending, no licence has been issued so far. 3. The application Ext.P2 has been made only on 28.5.2011. The petitioner cannot fall back on the provisions regarding deemed issue of licence on the ground that there is failure on the part of the panchayat to communicate the order to the petitioner. The petitioner does not have the requisite licence under the Panchayat Raj Act. To a person who does not have the requisite licence, we are certainly satisfied that no order of police protection can be granted. Respondents 4 and 5 have raised objection to the proposed activity for which licence was claimed under W.P.(C).NO.15364 OF 2011 : 3 : Ext.P2. This writ petition is in these circumstances dismissed making it clear that option of the petitioner to come to this court again to seek directions if necessary after he secures the requisite licence shall remain unfettered by the dismissal of this writ petition. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge. cl