IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 30006 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------ SHAJU, AGED 37, S/O SOURU,MEPPILLY HOUSE, KODUVELIPPADY, KOODALAPPADU, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK. BY ADVS.MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, PUBLIC HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. MEDICAL OFFICER, VENGOOR BLOCK, PUBLIC HEALTH CENTRE, VENGOOR P.O., PERMBAVOOR. 3. HEALTH SUPERVISOR AND HEALTH OFFICER, (RURAL) PUBLIC HEALTH CENTRE, VENGOOR P.O., PERUMBAVOOR. 4. OKKAL GRAMA PANCHAYATH,REP. BY ITS SECRETARY, OKKA P.O., PERUMBAVOOR. 5. BABY, S/O DEVASSY, PALLATHUKUDY HOUSE, KODUVELIPPADY BHAGOM, KOODALAPPADU, KOOVAPPADY P.O. R4 BY ADV.MR.NIREESH MATHEW R5 BY ADVS. MR.G.RAJAGOPAL, MR.THOMAS M.JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30006/2008 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 13/10/06. P2: COPY OF REPORT OF THE SUB COMMITTEE OF 4TH RESPONDENT DTD. NIL. P3: COPY OF NOTICE NO.388/06 DTD. 9/11/06 ISSUED BY 2ND RESPONDENT TOT HE 5TH RESPONDENT. P4: COPY OF NOTICE ISSUED BY 2ND RESPONDENT BEARING NO.388/06 DTD. 5/12/06 ISSUED TO THE 4TH RESPONDENT. P5: COPY OF NOTICE CUM ORDER ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT ON 30/12/06. P6: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 17/02/07. P7: COPY OF ORDER OF THIS HON'BLE COURT DTD. 8/06/07 IN WPC.NO.6945/07. P8: COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THIS HON'BLE COURT ON 2/07/07. P9: COPY OF JUDGMENT IN WPC.NO.6945/07 DTD.29/10/07. P10: COPY OF REPORT PREPARED JOINTLY BY RESPONDENTS 3 AND 4 ON 12/02/2008. P11: COPY OF NOTICE ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT ON 2/04/08. P12: COPY OF NOTICE ISSUED BY 3RD RESPONDENT TO THE 5TH RESPONDENT BEARING NO.449/07 DTD. 17/04/08. P13: COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 6/07/08. P14: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 2 AND 3 ON 14/08/08. Kss ..2/- ...2...... RESPONDENT'S EXHIBITS: R5(A): COPY OF THE REPLY DTD. 12/01/2007 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT. R5(B): COPY OF THE LOAN SANCTIONING ORDER OF THE KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE AGRICULTURAL VILLAGE DEVELOPMENT BANK LTD.NO.E-982, PERUMBAVOOR. R5(C): COPY OF THE OBJECTIONS DTD. 26/07/2007 SUBMITTED BY THE 5TH RESPONDENT TO EXHIBIT P8 REPORT. R5(D): COPY OF THE CERTIFICATE DTD. 29/01/2009 ISSUED BY SAVE A FAMILY PLAN, ERNAKULAM IN RESPECT OF THE BIO GAS PLANT INSTEAD IN THE PREMISES OF THE 5TH RESPONDENT. R5(E): COPY OF THE CERTIFICATE DTD. 30/01/2009 ISSUED BY THE VETERINARY SURGEON, VETERINARY DISPENSARY, OKKAL IN RESPECT OF THE COW SHED OF THE 5TH RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 30006 OF 2008 ............................................ DATED THIS THE 24TH DAY OF JUNE, 2009 JUDGMENT The petitioner challenges an activity being carried on by the fifth respondent, who is stated to be running a diary farm. According to the petitioner, it is not being run in terms of the laws. The learned counsel for the panchayat says that the fifth respondent has complied with all necessary conditions and necessary permits have been issued. If the petitioner has filed an objection to the panchayat, the panchayat will issue a decision thereon to the petitioner under due authority, so that the petitioner can work out his remedies before the competent statutory authorities. All remedies available under the Travancore-Cochin Public Health Act and also in relation to any sustained case of nuisance as a civil wrong is also left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/24/6