IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 13022 of 2011(C) ---------------------------------- PETITIONER(S): ------------------- 1. O.M. ALIAS, ORAMADATHIL HOUSE, ADIMALY, IDUKKI DISTRICT. 2. P.K. SOMAN, PANDANANILATH, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.AUGUSTINE JOSEPH RESPONDENT(S): --------------------- 1. ADIMALY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ADIMALY, IDUKKI DISTRICT - 685 561. 2. THE SUB DIVISIONAL MAGISTRATE, DEVIKULAM, IDUKKI DISTRICT - 685 613. 3. THE DISTRICT OFFICER, POLLUTION CONTROL BOARD, THODUPUZHA, IDUKKI DISTRICT - 685 584. 4. THE SUB INSPECTOR OF POLICE, ADIMALY, IDUKKI DISTRICT- 685 561 5. T.P. ASOKAN, THELLIPADAVIL HOUSE, ADIMALY, IDUKKI DISTRICT - 685 561. * ADDL. R6 IMPLEADED 6. JOSEPH SEBASTIAN, CHEMBLAKAL,ADIMALI - 685 561. * ADDL. R6 IS IMPLEADED VIDE ORDER IN I.A. NO.9133/2011 DATED 17/06/2011. R1 BY ADV. SRI. LATHISH SEBASTIAN R2 & R4 BY GOVT. PLEADER SRI. G. GOPAKUMAR R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR R5 & R6 BY SRI.K.KCHANDRAN PILLAI, (SR.) ADV. A.S. SRI. SAJUSH PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13022/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ROUGH SKETCH OF THE SITE INCLUDING THE PROPOSED CHICKEN SLAUGHTER HOUSE OF THE 5TH RESPONDENT ALONG WITH THE BUILDINGS OF THE PETITIONEERS. P2: COPY COF THE MASS PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 28/04/2011. P3: COPY COF THE REPRESENTATION DATED 25/04/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 30/04/2011 PENDING BEFORE THE 3RD RESPONDENT. P5: COPY OF THE ORDER DATED 05/05/2011 FROM THE 2ND RESPONDENT. P6: COPY OF THE LICENSE APPLICATION AND DECISION DATED 05/05/2011 FROM THE 1ST RESPONDENT. P7: COPY OF THE CONSENT LETTER ISSUED FORM THE 3RD RESPONDENT DATED 29/04/2011. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE CONSENT OF THE 3RD RESPONDENT. R1(b):COPY OF THE ORDER OF THE 2ND RESPONDENT. R1(c):COPY OF LICENSE GIVEN THE 1ST RESPONDENT. R1(d):COPY OF THE COMPLAINT OF THE 1ST PETITIONER AGAINST THE 2ND PETITIONER. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 13022 of 2011 --------------------------------------- Dated this the 12th day of August 2011. JUDGMENT The writ petition is field seeking a direction to the first respondent to take appropriate action against 5th respondent for the alleged illegal conduct of poultry farm and slaughter house in Sy. No. 731/22 and 27 of Mannamkandam Village at Adimaly town and for incidental reliefs. 2. Learned counsel for the petitioner submits that the 2nd respondent namely Sub Divisional Magistrate has passed an order under Section 133 Criminal Procedure Code directing the 5th respondent herein to stop the conduct of the trade and not to carry on trade and to remove the trade from the place where it is now carried within 7 days from the receipt of the order. Ext.P5 is the preliminary order. It is for the 2nd respondent to pass final W.P.(C) No.13022/2011 2 order in the proceedings initiated under Section 133 of CRPC. In view of Ext.P5 order and the pendency of the proceedings pursuant to Ext.P5 order before the 2nd respondent. Counsel for the petitioner submits that no further orders are necessary. In the said circumstances, the writ petition is closed. HARUN-UL-RASHID JUDGE al