IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10759 of 2009(L) -------------------------- PETITIONER(S): --------------- RAMACHANDRAN NAIR, AGED 55 YEARS, CHANDRODAYAM HOUSE, PLAKKODE, MITHIRMALA, KALLARA, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICER, PANGODE, THIRUVANANTHAPURAM. 2. FAZAL, AGED ABOUT 55 YEARS, SAFEENA MANZIL, PLAKKODE, MITHIRMALA, KALLARA, THIRUVANANTHAPURAM. 3. CHELLAPPAN PILLAI, THADATHARIKATHUVEEDU, PLAKKODE, MITHIRMALA, KALLARA, THIRUVANANTHAPURAM. By ADV. SRI.R.SUNIL KUMAR FOR R2 & 3 SMT.A.SALINI LAL FOR R2 & 3 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.10759 OF 2009 EXT.P1 TRUE COPY OF THE LICENCE ISSUED BY THE KALLARA GRAMA PANCHAYAT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE LICENCE ISSUED UNDER THE PROVISIONS OF THE PREVENTION OF FOOD ADULTERATION ACT. EXT.P3 TRUE COPY OF THE CONSENT GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.2.2009. EXT.P4 TRUE COPY OF THE REQUEST DATED 30.3.2009. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No. 10759 of 2009 ------------------------------- Dated this the 7th April, 2009 J U D G M E N T Raman, J. Petitioner alleges illegal obstruction caused by respondents 2 and 3 for running a poultry farm. Exts.P1 to P3 are licences issued and according to him, for the past four years, he has been running the poultry farm, in accordance with law. But now the party respondents along with their men are causing physical obstruction, adversely affecting the right to life of the petitioner. 2. Respondents 2 and 3 entered appearance through counsel. They submit that the licences had already expired and so long as there is no valid licence as on today, the petitioner is not entitled to continue to run the poultry farm. The licence issued by the Panchayat, Ext.P2, has already expired. The petitioner would submit that he has already submitted an W.P.(C) No.10759 of 2009 2 application for renewal. In the circumstances, we are impleading the Kallara Grama Panchayat suo motu for issuing the directions as follows. 3. The renewal application, if any, submitted by the petitioner will be considered in accordance with law, after hearing respondents 2 and 3 also. In case, the renewal is finally granted by the Grama Panchayat, the petitioner will be entitled to continue to run the poultry farm without the same being obstructed by respondents 2 and 3. However, this will be subjected to the right, if any, of respondents 2 and 3 to approach the higher authorities. The police shall abide by the licence, if any, issued in favour of the petitioner, and in which event, protection shall be afforded to the petitioner. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.