IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 16402 of 2007(C) -------------------------- PETITIONER(S): ------------------- 1. SAKUNTHALA.M., AGED 32 YEARS, W/O DEVADAS, MAMUNI HOUSE, KODAKKAD VALIYAPOYIL, P.O.OLATTU, VIA. TRIKARIPUR, KASARAGOD. 2. DINESH BABU, AGED 42 YEARS, S/O P.NARAYANAN, KODAKKAD VALIYAPOYIL, P.O.OLATTU, VIA.TRIKARIPUR, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ---------------------- 1. CHANDRAN.K.S, AGED 45 YEARS, S/O SREEDHARAN, H.NO.10/4A. 134, NEAR KADAMUKKU, KADAKKAD-VALIYAPOYIL, P.O.OLATTU, VIA.TRIKARIPUR, KASARAGOD. 2. PILICODE GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY, PILICODE, KASARAGOD. 3. THE CHAIRMAN, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 4. POLLUTION CONTROL BOARD, DISTRICT OFFICE, KASARAGOD. 5. DISTRICT COLLECTOR, KASARAGOD. ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA FOR R3 & R4 SRI.K.SHRIHARI RAO FOR R1 SMT.N.SHOBHA FOR R1 SRI.B.R.MURALEEDHARAN FOR R1 SRI.M.SASINDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16402/07 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE PETITION PREFERRED BY PETITIONERS AND OTHERS DT 27.12.2006. EXT.P2: TRUE COPY OF THE POSTAL RECEIPT DT 27.12.2006. EXT.P2(a): TRUE COPY OF A/D CARD OF P1 BY THE ADDRESSEE DT 28.12.2006. EXT.P2(b): TRUE COPY OF A/D CARD OF P1 BY THE ADDRESSEE DT 28.12.2006. EXT.P2(c): TRUE COPY OF A/D CARD OF P1 BY THE ADDRSSEE DT 28.12.2006. EXT.P2(d): TRUE COPY OF A/D CARD OF P1 BY THE ADDRESSEE DT 28.12.2006. EXT.P2(e): TRUE COPY OF A/D CARD OF P1 BY THE ADDRESSEE DT 29.12.2006. EXTS OF R1 EXT.R1(j): TRUE COPY OF THE LETTER DT 19.6.07 OF THE ENVIRONMENTAL ENGINEER TO THE PETITIONER HEREIN. EXT.R1(k): TRUE COPY OF THE DD DT 2.7.2007 DRAWN IN FAVOUR OF THE ENVIRONMENTAL ENGINEER. EXT.R1(l): TRUE COPY OF THE LETTER DT 25.6.07 OF THE PETITIONER TO THE ENVIRONMENTAL ENGINEER. EXTS. OF R2 EXT.R2(a): TRUE COPY OF THE COMMUNICATION DT 8.6.2007 OF THIS RESPONDENT TO THE 1ST RESPONDENT. EXT.R2(b): TRUE COPY OF THE ORDER DT 15.6.2007 REJECTING THE APPLICATION FOR GRANTING LICENCE FOR THE PIG FARM. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16402 OF 2007 (C) ===================== Dated this the 15th day of October, 2009 J U D G M E N T The complaint in the writ petition is against the Piggery established by the 1st respondent. The main complaint is that the piggery was established without licence from the Panchayat or consent from the Pollution Control Board. 2. Counsel for the Panchayat submits that till 2007, the Panchayat had issued licence, and in 2007, on the eve of the application for renewal, complaints were received from the local residents. It is stated that on enquiry, it was found that the petitioner had not obtained consent from the Pollution Control Board and for want of consent or NOC from the Pollution Control Board, application for renewal was returned as per Ext.R2(a). 3. It is now pointed out that subsequently the petitioner had obtained consent from the Pollution Control Board valid upto 30/6/09 and on that basis the licence was also renewed. Panchayat submits that only so long as the petitioner possesses consent from the Board, will they keep the licence renewed. In my view, the above safeguard should redress the WPC 16402/07 :2 : grievance of the petitioner and therefore, recording the above, the writ petition is closed. ANTONY DOMINIC, JUDGE Rp