IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 18073 of 2008(B) -------------------------- PETITIONER: -------------- JOHN P.VARGHESE @ VINCENT, POLLYAPARAYIL HOUSE, CHEENIKKUZHY.P.O., THODUPUZHA. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ----------------- 1. UDUMBANNOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, UDUMBANNOOR.P.O., IDUKKI. 2. HEALTH INSPECTOR, PUBLIC HEALTH CENTRE, THATTAKUZHA TALUK. 3. ASSISTANT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, IDUKKI. BY GOVT.PLEADER SMT.K.R.DEEPA SRI.M.K.CHANDRAMOHANDAS, SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, ALONG WITH WPC NOS.18135,18121 AND 18078/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) Nos.18073, 18078, 18121 & 18135 OF 2008 ================================= Dated this the 17th day of June, 2008 J U D G M E N T The challenge in these writ petitions is against Ext.P5 orders passed by the Secretary of the 1st respondent Panchayat rejecting the applications made by the respective Petitioners for licence for the continued conduct of the poultry farms run by them. According to the learned counsel for the petitioners, the reason stated in the order rejecting their applications is only the unfounded apprehension of the ill effects of the poultry farm. Counsel submits that the poultry farms are having necessary consent from the Pollution Control Board, NOC by Health Inspector and also on health card issued by the Panchayat itself. 2. In my view a decision of the claim raised by the Petitioners certainly requires appreciation of the surrounding circumstances and also the effect of the orders referred to above. This can be effectively done by the Appellate Authority as provided under the Panchayat Raj Act itself. Therefore, it is for the petitioners to pursue the matter before the appropriate authority and with that liberty, I close the writ petitions. 3. Learned counsel for the petitioners contends that if Ext.P5 order is to be implemented immediately, their running establishments will WPC 18073, 18078, 18121 & 18135/08 :2 : have to be closed down. Taking into account the submissions, I direct that further proceedings pursuant to Ext.P5 be deferred for a period of 4 weeks from today and in the meantime, petitioners shall pursue the statutory remedies and obtain appropriate orders including interim orders for safeguarding their interest. Petitioners shall produce a copy of this judgment before the respondent Panchayat for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC,JUDGE Rp