IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 24254 of 2008(K) ----------------------------------------- PETITIONER(S): ------------------------- 1. VIJU PAILY, AGED 40 YEARS, S/O. PAILY, EDACHERIL HOUSE, OPP. GOVERNMENT HOSPITAL,ANGAMALY. 2. M.T. THAMPY, MENACHERRY, T.B.ROAD, NEAR VETERINARY HOSPITAL, ANGAMALY. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. DISTRICT PANCHAYAT, REP. BY ITS SECRETARY, OFFICE OF THE DISTRICT PANCHAYAT, KAKKANAD. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. OFFICER - IN - CHARGE, PIG BREEDING UNIT, ANGAMALY P.O. 4. DEPUTY DIRECTOR, LIVESTOCK MANAGEMENT TRAINING CENTRE, ALUVA. 5. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. *ADDL.R6 IS IMPLEADED: R6. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. (*ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 4/08/2009 IN I.A.NO.8841/2009) R1 BY ADV. MR.C.M.SURESH BABU BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24254/2008 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION TAKEN BY THE ANGAMALY MUNICIPALITY DTD. 23/04/2007. P2: COPY OF LETTER SENT BY THE DEVELOPMENT STANDING COMMITTEE CHAIRMAN ANGAMALY MUNICIPALITY DTD. 11/04/2008 TO THE 1ST RESPONDENT. P3: COPY OF LETTER ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DTD. 13/09/2007. P4: COPY OF NEWS ITEM PUBLISHED IN DESABHIMANI DAILY DTD.17/04/2008. P5: COPY OF NOTICE ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM TO THE 1ST PETITIONER DTD. 13/05/2008. P6: COPY OF THE REPORT ISSUED BY THE POLLUTION CONTROL BOARD DTD. 13/05/2008. P7: COPY OF THE LETTER DTD. 27/05/2008 ISSUED BY THE WARD COUNCILOR TO THE 5TH RESPONDENT. P8: COPY OF G-MAIL RECEIVED BY 1ST PETITIONER IN REPLY TO HIS QUERY TO THE HON'BLE CHIEF MINISTER IN THE PROGRAMME 'SUTHARYA KERALAM'. P9: COPY OF ANSWER GIVEN BY THE HON'BLE CENTRAL MINISTER FOR HEALTH & FAMILY WELFARE IN THE LOK SABHA TO QUESTION NO.103 ON 23/11/2005. P10: COPY OF THE REPORT PUBLISHED BY SMT. LEELA MENON DTD. 24/01/1998. P11: COPY OF THE NEWS ITEM IN THE OFFICIAL WEBSITE OF HINDU DAILY DTD. 17/03/2008. P12: COPY OF THE COMMUNICATION OBTAINED FROM THE INTERNET WRITTEN BY PROF. JOHN MACKENZIE. P13: COPY OF BBC NEWS DTD. 15/11/1999 APPEARED IN THE THEIR OFFICIAL WEBSITE. P14: COPY OF ACTICLE WRITTEN BY SMT. POORNIMA S.TRIPATHI IN THE HINDU DAILY. P15: COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 24/04/2008. P16: COPY OF NEWS ITEM PUBLISHED IN DESABHIMANI DAILY DTD. 8/07/2007. Kss ..2/- ....2..... WPC.NO.24254/2008K P17: COPY OF ORDER DTD. 20/05/2009 ISSUED BY THE SECRETARY, ANIMAL HUSBANDRY DEPARTMENT DTD. 20/05/2009. P18: COPY OF PETITIONER'S REPRESENTATION DTD. 10/06/2009 SUBMITTED BEFORE THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. P19: COPY OF PETITIONER'S REPRESENTATION DTD. 10/06/2009 BEFORE THE DISTRICT PANCHAYAT. P20: COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 24/06/2009. P21: COPY OF RESOLUTION PASSED BY THE DISTRICT PANCHAYAT ON 15/06/2009 FORWARDED UNDER COVER OF LETTER NO. 35801/DB2/2009/LSGD DTD. 20/06/2009 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, LSGD. RESPONDENT'S EXHIBITS & ANNEXURE: R1(A): COPY OF LETTER DTD. 9/10/07 WITH REPORT. R1(B): COPY OF REPORT DTD. 16/04/2008 OF DIST. MEDICAL OFFICER (HEALTH), ERNAKULAM. R1(C): COPY OF LETTER OF VETERINARY SURGEON ANGAMALY TO THE 1ST RESPONDENT. R1(D): COPY OF LETTER DTD. 16/06/2008 OF 1ST RESPONDENT TO PRL.SECRETARY LOCAL SELF GOVERNMENT. ANNEXURE A:COPY OF ORDER NO.25925/AHG2/08/AD DTD.12/01/2009. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.24254 of 2008 ---------------------------------------- Dated this the 4th day of August, 2009. JUDGMENT The writ petition has been filed seeking a direction to respondents 1, 4 and 5 to re-locate the Pig Breeding Unit situated in ward-V of Angamaly Municipality to some other convenient place. Ext.P21 shows that the District Panchayat has taken steps for shifting the Breeding Unit as per resolution dated 15.6.2009. If Ext.P21 resolution has become final, then it shall be implemented as early as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. Other contentions of the parties are left open. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge