IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 13905 of 2010(K) -------------------------- PETITIONER: --------------- 1. BIJU.P.V, S/O. VIJAYAN, AGED 38 YEARS, PARAKKAL HOUSE, UDUMBANNOOR, EDAMARUK, IDUKKI DISTRICT. 2. MATHEW.N.M, S/O. MATHAI, AGED 58 YEARS, NARITHOOKKIL HOUSE, CHEENNIKUZHY.P.O, MANCHIKKALLU, IDUKKI DISTRICT. 3. MR.K.A. GEORGE, S/O. IYPE, AGED 61 YEARS, KOCHUKUDIYIL HOUSE, CHEEMIKUZHI.P.O, UDUMBANNOOR, THODUPUZHA IDUKKI DISTRICT. 4. MR. MANUAL @ MANI, S/O. JOSEPH, AGED 51 YEARS, PULLATTUKUDIYIL HOUSE, UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): --------------- 1. THE UDUMBANNOOR GRAMA PANCHAYATH, UDUMBANNOOR, THODUPUZHA, IDUKKI, REPRESENTED BY ITS SECRETARY. 2. THE PANCHAYATH COMMITTEE, UDUMBANNOOR GRAMA PANCHAYATH, UDUMBANNOOR, THODUPUZHA, REPRESENTED BY ITS PRESIDENT. ADV. SRI.RAJA VIJAYA RAGHAVAN & SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.13905/10 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT DATED 4.9.08 IN W.P.(C)No. 26517/08. EXT.P2: TRUE COPY OF JUDGMENT IN W.P.(C)No. 13517/09 DATED 23.5.09. EXT.P3: TRUE COPY OF CERTIFICATE/CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE 1ST PETITIONER ON 22.5.09. EXT.P4: TRUE COPY OF THE NOC DATED 1.1.10 ISSUED BY THE DISTRICT MEDICAL OFFICER, IDUKKI. EXT.P5: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED IN FAVOUR OF THE 1ST PETITIONER. EXT.P6: TRUE COPY OF NOTICE DATED 1.1.10 OF THE RESPONDENT. EXT.P7: TRUE COPY OF THE REPLY DATED 15.1.10 OF THE 1ST PETITIONER TO THE RESPONDENT. EXT.P8: TRUE COPY OF ORDER NO.B2.3812/09 DATED 29.1.10 TO THE PETITIONER PETITIONER. EXT.P9: TRUE COPY OF ORDER NO.B2.3812/09 DATED 29.1.10 TO THE 2ND PETITIONER. EXT.P10: TRUE COPY OF ORDER NO.B2.3812/09 DATED 29.1.10 TO THE 3RD PETITIONER. EXT.P11: TRUE COPY OF ORDER NO.B2.3812/09 DATED 29.1.10 TO THE 4TH PETITIONER. EXT.P12: TRUE COPY OF THE JUDGMENT DATED 3.2.10 IN W.P.(C)No. 3393/10. EXT.P13: TRUE COPY OF ORDER OF REJECTION DATED 23.2.10 TO THE 1ST PETITIONER. EXT.P14: TRUE COPY OF ORDER OF REJECTION DATED 23.2.10 TO THE 2ND PETITIONER. EXT.P15: TRUE COPY OF ORDER OF REJECTION DATED 23.2.10 TO THE 3RD PETITIONER. EXT.P16: TRUE COPY OF ORDER OF REJECTION DATED 23.2.10 TO THE 4TH PETITIONER. EXT.P17: TRUE COPY OF APPEAL FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.10. W.P.(C)No.13905/10 EXT.P18: TRUE COPY OF STAY PETITION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.2010. EXT.P19: TRUE COPY OF APPEAL FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.10. EXT.P20: TRUE COPY OF STAY PETITION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.2010. EXT.P21: TRUE COPY OF APPEAL FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.10. EXT.P22: TRUE COPY OF STAY PETITION FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.2010. EXT.P23: TRUE COPY OF APPEAL FILED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.10. EXT.P24: TRUE COPY OF STAY PETITION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.3.2010. EXT.P25: TRUE COPY OF AUCTION NOTICE PUBLISHED BY THE 1ST RESPONDENT DATED 17.4.10. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.13905 of 2010 --------------------------------- DATED THIS THE 27th DAY OF JULY, 2010 JUDGMENT The petitioners are seeking for a direction to the respondents to consider Exhibits P17 to P24 appeals and stay petitions submitted by the petitioners and drop all proceedings against the petitioners by holding that they are entitled to continue with the poultry farm on the basis of deemed licence. 2. The learned counsel appearing for the 1st respondent - Panchayat submitted that subsequent to the filing of the Writ Petition, a Sub Committee of the Panchayat was constituted to consider various aspects and on their recommendations, licences have been issued to petitioners 1, 3 and 4 for conducting a poultry farm. It is submitted that the 2nd petitioner has not so far filed an application and therefore no orders have been passed in his favour. 3. The learned counsel for the petitioners submitted that the 2nd petitioner has also filed an application. The same will be verified by the Panchayat and if the 2nd petitioner files a fresh application also, the same will be considered duly in terms of the W.P.(C)No.13905/10 -2- rules and appropriate orders will be passed within a period of three weeks from the date of receipt of a copy of the application. The Writ Petition is accordingly disposed of recording the submission made by the learned counsel for the Panchayat that the petitioners 1, 3 and 4 have already been granted licence. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn