IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 1026 of 2011(C) ------------------------- PETITIONER: --------------- E.V. JOHN, S/O. VARGHESE, AGED 57 YEARS, EDATTIL HOUSE, KUTTICHIRA.P.O, KOORKAMATTOM, THRISSUR - 680 721. BY ADV. MR.MILLU DANDAPANI RESPONDENT: --------------- KODAASSERY GRAMA PANCHAYATH, CHATTIKULAM.P.O, THRISSUR DISTRICT - 680 721. *ADDL.R2: THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, THRISSUR, KERALA STATE POLLUTION CONTROL BOARD **ADDL.R3: P.O.MOHANAN, S/O.PONJADAN, AGED 47 YEARS, PONATHI HOUSE, CHUMMARUKADU SC COLONY, KUTTICHIRA.P.O, THRISSUR DISTRICT. **ADDL.R4: P.N.PURUSHOTHAMAN, S/O.NARAYANAN, AGED 62 YEARS, PERUMPALLIYIL HOUSE, NEAR KOORKKAMATTOM SC COLONY, KUTTICHIRA.P.O, THRISSUR DISTRICT. **ADDL.R5 P.K.BENNY, S/O.KUNJUKUNNJU, AGED 29 YEARS, PLAMOOTTIL HOUSE, NEAR MARANKODE GIRIJAN COLONY, KUTTICHIRA.P.O * ADDL.R2 IS IMPLEADED SUO MOTU VIDE ORDER DTD. 7.4.2011. ** ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DTD.25.8.2011 IN I.A.NO.2584/2011 ADV. MR.ASOK M.CHERIAN FOR R-1 MR.S.KANNAN FOR R-1 MR.S.KRISHNA MOORTHY(ERNAKULAM) FOR ADDL.2 MR.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1026 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TAX RECEIPT WITH RESPECT OF THE PETITIONER'S PROPERTY. EXT.P2: THREE PHOTOGRAPHS SHOWING THE PIG FARM OF THE PETITIONER. EXT.P3: NOTICE DTD. 22.12.2010 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P4: REPLY DTD. 28.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P5: PLAN SHOWING THAT THERE ARE NO HOUSES WITHIN 200 METRES OF THE LARGE EXTENT OF PROPERTY OF THE PETITIONER. EXT.P6: CERTIFICATE ISUED BY THE VETERINERY SURGEON, CHERPANKUZHY WITH RESPECT OF THE PETITIONER'S PIG FARM. EXT.P7: RECEIPT SHOWING THE APPLICATION FOR BUILDING NUMBER APPLIED BY THE PETITIONER FOR THE PIG FARM. EXT.P7(a): RECEIPT SHOWIN REMITTANCE OF APPLICATION FEE FOR BUILDING NUMBER. EXT.P8: NOTICE DTD. 4.1.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P9: APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT PANCHAYAT ON 21.2.2011. EXT.P10: ACKNOWLEDGEMENT ISSUED TO THE PETITIONER FROM THE RESPONDENT PANCHAYAT VIDE NO.A7-1573/2011 DTD. 21.2.2011. ANNEXURE 1: MASS MEMORANDUM SUBMITTED BY THOSE RESIDING AROUND THE ABOVE SAID PIG FARM, BEFORE THE GRAMA PANCHAYAT. ANNEXURE 2: LETTER OF MEDICAL OFFICER, PUBLIC HEALTH CENTRE, ELANJIPRA ADDRESSED TO THE SECRETARY OF THE RESPONDENT GRAMA PANCHAYATH DTD. 4.12.2010 RECEIVED UNDER RIGHT TO INFORMATION ACT, 2005. (CNTD...2) WP(C).No. 1026 of 2011(C) ::2:: RESPONDENT'S EXHIBITS: EXT.R1(a): MASS MEMORANDUM SUBMITTED BY THOSE WHO RESIDING AROUND THE PIG FARM OF THE PETITIONER , BEFORE THE PRESIDENT OF THE GRAMA PANCHAYAT, WHICH WAS RECEIVED ON 20.11.2010. EXT.R1(b): MINUTES OF THE MEETING CONVENED BY THE PRESIDENT OF THE RESPONDENT GRAMA PANCHAYAT ON 20.11.2010. EXT.R1(c): LETTER OF MEDICAL OFFICER, PUBLIC HEALTH CENTRE, ELANJIPRA ADDRESSED TO THE SECRETARY OF THE RESPONDENT GRAMA PANCHAYAT DTD. 4.12.2010. EXT.R1(d): RESOLUTION OF THE GRAMA PANCHAYAT DTD. 31.12.2010. EXT.R1(e): NOTICE PUBLISHED BY GRAMA PANCHAYAT. EXT.R1(f): RESOLUTION PASSED BY GRAMA SABHA OF WARD NO.14. EXT.R1(g): LETTER ISSUED BY THE SECRETARY OF THE RESPONDENT GRAMA PANCHAYAT ADDRESSED TO THE PETITIONER INFORMING THE DECISION TO REJECT TE PPLICATION FOR LICENCE DTD. 20.1.2011. ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.1026 Of 2011 ---------------------- Dated this the 25th day of August, 2011. J U D G M E N T The writ petition is filed seeking to quash Exts.P3 and P8 and for a direction commanding the respondents to give an opportunity to the petitioner to explain his case before taking any decision in pursuant of Exts.P3 & P8. It is further prayed to issue a direction commanding the respondents to given building number to the Pig Farm to enable the petitioner to file the application for issue of Licence to run the Pig Farm forthwith. 2. The petitioner submits that he is conducting a pig farm in his property having an extent of 7 acres in survey No.780 of Kuttichira Village. It is averred in the writ petition that he is depending upon the income derived from this business for his livelihood, that no houses are situated within 200 metres of the large extent of 7 acres of property, that he is maintaining the pig farm very clean and tidy without giving any room for complaint to any persons in the locality. It is also stated that a bio-gas plant is situated in the farm, that the feeds given to the pigs are ::2:: W.P.(C).No.1026 Of 2011 banana skin and not food waste. Ext.P3 notice was issued stating that the petitioner has not taken any licence from the Panchayat for running the pig farm, that there is water and air pollution and therefore ordered the petitioner to close the pig farm within 7 days. The petitioner filed Ext.P4 reply. The petitioner pointed out that Veterinary Surgeon, Cherpankuzhy, conducted inspection of the pig farm and certified that the petitioner has built up a pacca stryle pig farm for housing around 80 pigs and piglets and waste disposal is satisfactory with covered slabs and a bio-gas plant is being used. It is also certified that the area is clean and without any smell and the nearest house is located at a distance of 120 metres and recommended issuance of licence. Ext.P6 is the certificate issued by the Veterinary Surgeon. It is also stated that the petitioner had remitted the required fees for the issuance of building number to the pig farm on 6.1.2011 and the application is pending consideration before the respondent. 3. The petitioner is aggrieved by Exts.P3 & P8 notices directing him to close the pig farm. The petitioner also produced Ext.P9 application requesting the Panchayath to issue licence to ::3:: W.P.(C).No.1026 Of 2011 run the pig farm. In the report dated 13.5.2011 submitted by the environmental engineer, Kerala State Pollution Control Board, it is reported that since the farm has provided bio-gas plant and there are no houses in the proximity and no noxious smell is caused to the nearby places, licence to the petitioner could be granted with 20 pigs at a time. 4. The 1st respondent Panchayath in the counter affidavit filed, stated inter alia, that there is a colony within a distance of 150 metres from the pig farm, that the residents in the colony have been raising complaint that the pig farm is maintained in a filthy manner and that foul noxious smell makes living of the people in the vicinity difficult. The respondent also produced the copy of the mass memorandum submitted by the nearby residents before the President of the Panchayath. It is further stated that on receipt of the complaint the President of the Panchayath convened a meeting of complainants and the petitioner. The petitioner however refused to attend the meeting. It is also stated that the President of the Panchayath requested the petitioner’s son to reduce the number of pigs in the farm so as to abate the nuisance being caused to those who reside in the ::4:: W.P.(C).No.1026 Of 2011 nearby locality. Since the request was not accepted, Panchayath decided to conduct an enquiry with regard to the complaint. The Medical Officer in charge of the Primary Health Centre, who conducted the site inspection reported that the farm is being conducted causing environmental pollution in the vicinity. Ext.R1 (c) is the letter issued by the Medical Officer. It is also stated that the President and members of the Grama Panchayath visited the site and they also being satisfied that the pig farm being conducted by the petitioner causes health hazard to those who reside in the nearby locality and therefore, it is essential to stop the functioning of the farm as nuisance could not be otherwise abated. It is also pointed out that storing pigs without licence is illegal referring to item No.130 of Schedule I of the Kerala Panchayath Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996. Therefore, the conduct of pig farm without licence is an illegal activity and therefore, Panchayath directed the petitioner to close down the pig farm. In the counter affidavit it is also stated a resolution was passed on 31.12.2010 unanimously by the Panchayath to take steps to stop the functioning of the pig farm conducted by the petitioner. ::5:: W.P.(C).No.1026 Of 2011 Ext.R1(f) is the resolution. It is further stated that the application for licence submitted on 14.1.2011 was rejected by order dated 20.1.2011. Ext.R1(g) is the said order. 5. The petitioner in the reply affidavit averred that subsequent to the issuance of Ext.P8, he applied for licence. However, as per Ext.R1(g) the application was rejected outrightly without any cogent reason. According to the petitioner the action carried out or taken by the Panchayat is contrary to the Rules and that the Panchayath is acting on a biased manner. The petitioner also pointed out that he submitted application under Kerala Panchayath Raj (Licensing of Pigs and Dogs) Rules, 1998 to conduct pig farm. For the conduct of pig farm the licence required is under the relevant provisions of Kerala Panchayath Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996. The Kerala Panchayath Raj (Licensing of Pigs and Dogs) Rules, 1998 is intended for issuance of a licence to permit the applicant to rear or keeping possession of dogs and pigs. 6. Admittedly, the petitioner is running a pig farm and also engaged in the sale of pigs. In these circumstances, it is for ::6:: W.P.(C).No.1026 Of 2011 the petitioner to submit an application under the Kerala Panchayath Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996, for issuance of a permit. If such an application is filed within two weeks from the date of receipt of a copy of this judgment, the Panchayath shall consider the application and pass appropriate orders, after affording an opportunity of being heard to the petitioner. Proceedings initiated under Exts.P3 & P8 notice shall be kept in abeyance till a decision is taken by the Panchayath. The Panchayath shall pass appropriate orders, within a period of one month from the date of submission of the application. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-