IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 16317 of 2011(L) -------------------------------------- PETITIONER: ------------------- SOJAN GEORGE, S/O.GEORGE, THAKARAPALLIL HOUSE, PARAPUZHA.P.O., WEST KODIKULAM, THODUPUZHA. BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE, ADVS. SRI.PAUL ABRAHAM VAKKANAL, SRI.DIJO SEBASTIAN, SMT.VINEETHA SUSAN THOMAS. RESPONDENTS: ------------------------ 1. THE KODIKULAM GRAMA PANCHAYATH, REP.BY ITS SECRETARY, PANCHAYATH OFFICE, KODIKULAM.P.O., PIN-685 582. 2. THE SECRETARY, KODIKULAM GRAMA PANCHAYATH, PANCHAYATH OFFICE, KODIKULAM.P.O., PIN-685 582. *ADDITIONAL RESPONDENTS 3 TO 5 IMPLEADED: 3. THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ESSAREN BUILDING, AANAKOODU JN., THODUPUZHA, IDUKKI – 685 584. 4. THE DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE, CHERUTHONI, IDUKKI-685 603. 5. JAMES ABRAHAM, S/O. ABRAHAM, MOOLAMATTATHIL HOUSE, PARAPPUZHA.P.O., THODUPUZHA – 685 582. *ARE IMPLEADED VIDE ORDER DT. 20/07/11 IN I.A. 11775/2011. W.P.(C). NO.16317/2011: **ADDITIONAL RESPONDENTS 6 TO 10 IMPLEADED: 6. SIJI, S/O. ABRAHAM, MOOLAMATTATHIL HOUSE, PARAPPUZHA KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT. 7. JOSE VARGHESE, ILLIKANDATHIL HOUSE, PARAPPUZHA KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT. 8. BENNY, S/O. GEORGE, THIRUMALAYIL HOUSE, PARAPPUZHA KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT. 9. SIJI, S/O. GEORGE, MUNDANMALAYIL HOUSE, PARAPPUZHA KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT. 10. JAMES, S/O. ABRAHAM, MOOLAMATTATHIL HOUSE, PARAPPUZHA KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT. ** ARE IMPLEADED VIDE ORDER DT. 20/07/11 IN I.A. 11754/2011. R1 BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE, ADVS. SRI.A.S.SAJUSH PAUL, SRI.THOMAS JAMES MUNDACKAL, SRI.BOBBY THOMAS, SRI.TONY THOMAS (INCHIPARAMBIL), SMT.S.AMBILY, ADDL. R3 BY SRI. M.K. CHANDRAMOHAN DAS, S.C, ADDL. R6 TO 10 BY ADVS. SRI.JAISON JOSEPH, SRI.M.N.SANJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, ALONG WITH W.P.(C). NO. 19243 OF 2011 THE COURT ON 19/08/2011 DELIVERED THE FOLLOWING: W.P.(C). NO.16317/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT LETTER FROM KERALA STATE POLLUTION CONTROL BOARD, IDUKKI FOR CONDUCTING PIG FARM DTD. 13/06/2011. EXT.P.2: COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DTD. 19/05/2011. EXT.P.3: COPY OF THE APPLICATION FOR GRANT OF LICENSE SUBMITTED BY THE PETITIONER DTD. 23/05/2011. EXT.P.4: COPY OF THE NOTICE/ORDER ISSUED BY THE R.2. TO THE PETITIONER ASKING HIM TO REMOVE ALL THE PIGS DTD. 07/06/2011. EXT.P.5: COPY OF THE CERTIFICATE ISSUED FROM THE STATE BANK OF TRAVANCORE, THODUPUZHA SHOWING THE LIABILITY OF THE PETITIONER DTD. 15/06/2011. EXT.P.6: COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DTD. 13/06/2011. EXT.P.6.A: COPY OF THE APPLICATION DTD. 15/06/2011. EXT.P.7: COPY OF THE RECEIPT ISSUED BY THE PANCHAYAT DTD. 22/06/2011. EXT.P.8: COPY OF THE REPLY GIVEN BY THE PANCHAYAT DTD. 24/06/2011. EXT.P.9: COPY OF THE REPRESENTATION DTD. 15/06/2011. EXT.P.10: COPY OF THE RECEIPT ISSUED BY THE PANCHAYAT DTD. 30/06/2011. EXT.P.11: COPY OF THE APPLICATION BEFORE THE D M O DTD. 06/07/2011. EXT.P.12: COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, GANDHIJI STUDY CENTRE, THODUPUZHA DTD. 02/06/2011. EXT.P.13: COPY OF THE TWO RELEVANT PAGES OF MINUTES BOOK OF KODIKULAM PANCHAYAT DTD. 30/07/2011. EXT.P.14: COPY OF THE NO OBJECTION CERTIFICATE DTD. 22/07/2011. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE COMPLAINT RECEIVED FROM THE NEIGHBOURS OF PETITIONER. EXT.R1.B: COPY OF THE REQUEST DTD. 06/05/2011 GIVEN TO THE HEALTH INSPECTOR OF KODIKULAM. EXT.R1.C: COPY OF THE REPORT GIVEN BY THE HEALTH INSPECTOR DTD. 16/05/2011. W.P.(C). NO.16317/2011-L: EXT.R1.D: COPY OF THE COMPLAINT GIVEN TO THE DISTRICT COLLECTOR DTD. 10/05/2011. EXT.R1.E: COPY OF THE LETTER DTD. 01/06/2011 GIVEN TO THE DISTRICT COLLECTOR THROUGH REVENUE DIVISIONAL OFFICER. EXT.R1.F: COPY OF THE NOTICE DTD. 07/06/2011 ISSUED TO THE PETITIONER. EXT.R1.G: COPY OF THE LETTER RECEIVED FROM THE DISTRICT COLLECTOR DTD. 04/06/2011. EXT.R1.H: COPY OF THE LETTER ISSUED TO THE CIRCLE INSPECTOR OF POLICE DTD. 10/06/2011. EXT.R1.I: COPY OF THE LETTER ISSUED TO THE MANAGING DIRECTOR, MEAT PRODUCTS OF INDIA DTD. 10/06/2011. EXT.R1.J: COPY OF THE LETTER ADDRESSED TO THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KODIKULAM DTD. 13/06/2011. EXT.R1.K: COPY OF THE LETTER ADDRESSED TO THE VETERINARY SURGEON, KODIKULAM DTD. 13/06/2011. EXT.R1.L: COPY OF THE LETTER DTD. 11/06/2011 RECEIVED FROM THE MANAGING DIRECTOR, MEAT PRODUCTS OF INDIA LIMITED. EXT.R1.M: COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER ON 14/06/2011. EXT.R5.A: COPY OF THE REPORT DTD. 20/04/2011 ISSUED FROM REGIONAL ANALYTICAL LABORATORY, KAKKANAD. EXT.R5.B: COPY OF THE ORDER DTD. 04/06/2011 ISSUED BY THE SUB DIVISIONAL MAGISTRATE. //TRUE COPY// P.A. TO JUDGE. Prv. HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.16317 & 19243 Of 2011 ---------------------- Dated this the 19th day of August, 2011. J U D G M E N T The petitioner in W.P.(C).No.16317/2011 is conducting a pig farm in Parapuzha Kara of Kodikulam village in the property comprised in survey Nos.892/B/1 & 892/2B/1. The writ petition is filed to quash Ext.P4 order passed by the respondents and to restrain the respondents from forcefully closing down the pig farm. 2. Ext.P4 is the order passed by the 2nd respondent on 7.6.2011 directing the petitioner to remove the pigs from his farm and that on non-compliance of the order will entail forceful removal of the pigs with burden to pay cost for the same by the petitioner. It is averred in the writ petition that the petitioner had been conducting the pig farm from 2000 onwards, that in case of closure of the pig farm in compliance with Ext.P4 notice, the petitioner will not be able to repay the loan and he will land in a debt trap. According to the petitioner the issuance of Exts.P2 and P4 notices by the respondents is vitiated by malafides and was issued under the influence of his relatives who are enemical to him. ::2:: W.P.(C).No.16317 & 19243 Of 2011 3. The connected writ petition, W.P.(C).No.19243/2011 is filed by 5 inhabitants of the locality. The said writ petition was filed for a direction directing respondents 1 to 3 to take immediate steps to close down the piggery and for a direction to implement Ext.P5 & P6 orders. Ext.P6 is Ext.P4 in W.P.(C). No.16317/2011. It is averred in W.P.(C).No.19243/2011 that the 4th respondent, who is the petitioner in W.P.(C). No.16317/2011, is conducting a pig farm without any licence, that the pig farm is causing severe air and water pollution in the locality, that the petitioners are residing within a radius of 100 metres from the pig farm, that approximately 300 pigs are maintained in the piggery, that the pigs are mainly fed with waste from hotel, fish and meat stalls, that everyday numerous lorry loads carrying such waste is brought to the farm, that those waste with severe foul smell pollutes the air and water in the locality and that the excreta of the pigs further aggravate pollution. It is also averred that various solid, liquid and gaseous substance generated by the pigs severely pollutes the air and water in the locality and that all such substances are highly injurious to the life of the ::3:: W.P.(C).No.16317 & 19243 Of 2011 people residing nearby. In short, the contention is that, due to the severe air and water pollution caused by the piggery healthy human habitation has become almost impossible in the locality. The further concern of the local public is that the underground water including those of the nearby wells and ponds are severely polluted by the conduct of the pig farm. About 30 families are residing adjacent to this pig farm and all of them are finding it difficult to lead a normal healthy life. Local people complains that they find it very hard even to consume food due to the severe foul smell emanating from the piggery. It is also their complaint that their children also get frequent ailments which according to them are caused by severe polluted atmosphere created by the functioning of the piggery. They apprehend that there is every likelihood of spreading of contagious diseases in the locality due to the functioning of the farm. Ext.P1 in W.P.(C).No.19243/2011 is one of the copies of the complaint submitted by the local public. 4. It is also averred in W.P.(C).No.19243/2011t that mass petitions were submitted to the Honourable Minister for Irrigation and Water Resources, Tahsildar-Thodupuzha Taluk, ::4:: W.P.(C).No.16317 & 19243 Of 2011 Village Officer besides repeated complaints before the 1st respondent Panchayath. The copy of the mass petition is produced and marked as Ext.P2 in W.P.(C).No.19243/2011. 5. In W.P.(C).No.16317/2011, respondents 1 & 2, namely, the Panchayath and Secretary filed a detailed affidavit denying the material averments. In the counter affidavit filed by the respondents it is stated that the petitioner is unauthorisedly conducting the pig farm without obtaining any statutory licence and also without getting NOC from other statutory authorities. The Panchayath received several complaints during May, 2011 stating that the petitioner, by running the pig farm, is causing nuisance and also causing pollution and health hazards. Ext.R1 (a) is one such complaint. On receipt of Ext.R1(a) complaint, the Secretary of the Panchayath inspected the site. He was convinced that the complaint lodged by the public is true. The Secretary of the Panchayath in the counter affidavit it is stated that no one is able to remain in the place due to foul smell from the pig farm. It is also stated that the waste food materials stored in the farm are causing severe nuisance, foul smell, pollution and much hardship to the nearby residents. The ::5:: W.P.(C).No.16317 & 19243 Of 2011 Panchayath also noticed the fact that the water coming out of the piggery farm is polluting the nearby stream. In the above said circumstances, the Secretary of the Panchayath directed the Health Inspector, Primary Health Centre, to conduct an enquiry and report the facts. Ext.R1(c) is the report submitted by the Medical Officer in Charge, Primary Health Centre, Kodikulam. In Ext.R1(c) it is reported that the waste water is channelled out of the piggery and the same is polluting the nearby stream, that several people are residing within 100 metres of radius, that 300 pigs in the farm are mainly fed with waste from hotels, fish and meat stalls and that those waste with severe foul smell pollutes air and water in the locality. It is also reported that the substances generated by the pigs severely pollutes the air and water in the locality and that the nearby wells and ponds are polluted due to the presence of various solid, liquid and gaseous substances from the piggery. 6. The people of the locality lodged a complaint before the District Collector. They also complained the inaction of the Panchayath in not taking action against the illegal functioning of the pig farm. Ext.R1(d) is the copy of the complaint submitted ::6:: W.P.(C).No.16317 & 19243 Of 2011 before the District Collector. 7. In the aforesaid facts and circumstances, the second respondent in W.P.(C).No.16317/2011 issued Ext.P2 notice directing the petitioner to show cause as to why action should not be taken to close down the pig farm which is conducted without licence. The petitioner replied to Ext.P2 notice stating that he is running the pig farm from 2000 onwards and that he has every right to run the farm without licence. The matter was considered by the Panchayath committee. The Panchayath committee was convinced that it was absolutely necessary to stop the functioning of the farm running without licence in view of the health hazards caused to the public at large. Therefore, notice was issued on 7.6.2011 directing the petitioner to stop the functioning of the pig farm and directing him to remove all the pigs within 7 days from the date of receipt of notice. Ext.P4 in W.P.(C).No.16317/2011 and Ext.P6 in W.P.(C).No.19243/2011 are the copies of the same notice. Pursuant to Ext.P4 notice, the Panchayath made arrangements for closing the farm. The Panchayath also noticed the fact that no one can pass through the Panchayath road where the petitioner is conducting the piggery because of the foul smell ::7:: W.P.(C).No.16317 & 19243 Of 2011 and presence of solid waste. Ext.P4 notice was issued by the Panchayath finding that it is absolutely necessary, in public interest, to close down the farm. Panchayath also addressed the Managing Director, Meats Products India Limited, Koothattukulam, Medical Officer, Primary Health Centre, Veterinary Surgeon and police officers requesting their aid and assistance in the matter of removal of pigs and for making available services of trained staff for the same. All the authorities on request agreed to assist the Panchayath in removing the pigs and for closure of the pig farm. The Panchayath officials and their team went to the pig farm on 14.6.2011. They were accompanied by staff deputed by the Officer of Meats Products India Limited, Koothattukulam, Veterinary Surgeon, Health Inspector, Medical Officer and Sub Inspector of Police. It is stated in paragraph 13 of the counter affidavit of the Panchayath that the when the team reached the road leading to the pig farm, they noticed that the road is blocked at a distance by the petitioner by placing across the road a lorry after removing its front wheel. The blocking of the road by placing a lorry without wheels across the road prevented the ::8:: W.P.(C).No.16317 & 19243 Of 2011 team from proceeding to the pig farm for executing the work. It is also averred in the counter affidavit that the officials and people were not able to remain in the place due to the foul smell emanating from the pig farm. 8. The petitioner in W.P.(C).No.16317/2011 physically also obstructed the Panchayath officials and their team from executing the work. In paragraph 14 of the counter affidavit it is also stated that the team took steps to remove the vehicle from the road and for that purpose the Sub Inspector of Police informed the Circle Inspector of Police and the Circle Inspector of Police also came to the spot accompanied by more police force. The petitioner threatened the officials who were assembled there by informing them that if the pigs are removed he will consume poison after giving to his wife and children, that in such event, the officials will be responsible for such a tragedy. The petitioner also threatened the team stating that he is having petrol in the jar and if anybody proceeded he will cause fire to himself and the officers will be responsible. 9. Later on the same day at the intervention of the Panchayath Member, the petitioner agreed to close down the pig ::9:: W.P.(C).No.16317 & 19243 Of 2011 farm. He said that he want few days time for removing the pigs. He agreed that all the pigs will be removed if time is granted. On the same day an agreement was executed by the petitioner in the presence of all the persons assembled there, namely, Member of the Panchayath, Circle Inspector of Police, Medical Officer, Veterinary Surgeon etc. Ext.R1(m) in W.P.(C).No.16317/2011 is the copy of the agreement. The petitioner agreed to remove all the pigs from the farm on or before 18.6.2011 and he further agreed to close down the pig farm. 10. After executing Ext.R1(m) agreement, the petitioner approached this Court challenging Ext.P4 order of the Panchayath. When the matter was taken up for admission on 17.6.2011 the learned counsel for the petitioner requested that the petitioner may be given one month's time to remove all the pigs and to close down the pig farm. This Court by interim order dated 17.6.2010 granted 10 days' time to remove the pigs. When the matter was taken up for final hearing, the learned counsel for the petitioner reported that his client did not remove the pigs from the farm nor has close down the pig farm. ::10:: W.P.(C).No.16317 & 19243 Of 2011 11. The facts and circumstances discussed above would show that the petitioner in W.P(C).No.16317/2011 has been continuously flouting the orders of the authorities and the order of this Court. He had shown scant respect to the sentiments of the people in the locality, his neighbours and was flouting the statutory provisions continuously. He had also forcefully resisted the lawful actions of the authorities, even the undertaking given to this Court is flouted without any reasons. 12. It is not disputed that the petitioner in W.P.(C). No.16317/2011 has been conducting the pig farm from 2000 onwards without obtaining licence from the local authority. Hence the very functioning of the pig farm is unauthorised and illegal. Therefore, the action taken to close down the pig farm, in the circumstances narrated in detail in the preceding paragraphs, is in accordance with law. The public are also very much agitated by the illegal functioning of the pig farm. The petitioner is very adamant in running the pig farm though the public and statutory authorities repeatedly requested him to close down the pig farm. 13. Ext.R1(a) produced in W.P.(C).No.16317/2011 is the complaint lodged by the neighbours, who are residing in the ::11:: W.P.(C).No.16317 & 19243 Of 2011 same ward, before the Secretary of the Panchayat. In Ext.R1(a) complaint it is inter alia stated that the farm owned by the petitioner is causing nuisance, pollution and health hazards to them. It is pointed in Ext.R1(a) that waste of the food materials stored in the farm is causing severe nuisance, foul smell and pollution. It is also pointed out that the waste water is channelled out of the piggery and the same is polluting the nearby stream and that several people are residing 100 metres of radius. Ext.R5(a) is the report on analysis of water prepared by the Regional Analytical Laboratory, Kakkanad. The said report states that the water of the nearby well is bacteriological. Ext.R5(b) is the order passed by the Sub Divisional Magistrate, Idukki. In the said order it is stated that enquiry was conducted by the Tahsildar, Thodupuzha. In the report submitted by the Tahsildar it is stated that the nearby wells and ponds are severely polluted with the presence of various solid, liquid and gaseous substance from the piggery. The Sub Divisional Magistrate is convinced that the conduct of the ::12:: W.P.(C).No.16317 & 19243 Of 2011 farm is causing air and water pollution in the locality and is also causing nuisance to the people residing there. The Panchayat produced Exts.R1(a) to R1(m) documents along with the counter affidavit. Ext.R1(c) is the report of the Medical Officer, Primary Health Centre. Ext.R1(d) is the complaint lodged by the local people before the District Collector. The Panchayat, on receipt of the report of the Medical Officer, issued Ext.P2 notice to the petitioner directing to stop the functioning of the pig farm. The Panchayat committee considered the matter in the light of the objections filed filed by the petitioner. The Panchayat committee is also convinced that the objections raised by the petitioner are not sustainable and the Panchayat is of the view that it is absolutely necessary to stop the functioning of the farm, in view of the health hazards suffered by the inhabitants. Ext.R1(f) is the notice issued by the Secretary of the Panchayat directing the petitioner to stop the functioning of the farm and to remove the piggery within seven days on receipt of the notice. 14. Since the petitioner did not comply with the demand in Ext.R1(f) notice, the Secretary of the Panchayat had made all arrangements for closing the farm. The Secretary and others on ::13:: W.P.(C).No.16317 & 19243 Of 2011 inspection noticed that the people in the locality are suffering unbearable difficulties, due to the conduct of the pig farm. The Secretary also noticed that several residential buildings are located very near to the pig farm. The Secretary reported that one even cannot pass through the Panchayat road by the side of which the petitioner is conducting the pig farm. On inspection he had noticed 300 pigs of different ages in the farm. He also noticed that the waste materials of chicken is being used for feeding the pigs. 15. The petitioner executed Ext.R1(m) agreement on 14/6/2011 agreeing to remove the pigs before 18/6/2011. Member of the Panchayat, Circle Inspector of Police, Kaliyar, Medical Officer, Health Centre, Kodukulam and the Veterinary Surgeon, Kodikulam are the witnesses in Ext.R1(m) agreement. In paragraph 13 of the counter affidavit, it is pointed out that the Panchayat had not issued any licence to the petitioner to conduct the pig farm and that the petitioner had not submitted any application for licence. 16. W.P.(C).No.16317/2011 was filed on 16/6/2011, after executing Ext.R1(m) agreement dated 14/6/2011 and after ::14:: W.P.(C).No.16317 & 19243 Of 2011 agreeing to remove the pigs before 18/6/2011. The writ petition filed by him was taken up for admission on 17/6/2011. The only request made by the learned counsel for the petitioner at the time of admission is that he may be given one month's time to effect sale of the pigs and to close down the piggery. This Court granted ten days' time by interim order dated 17/6/2011. From the aforesaid facts and circumstances of the case, it is clear that the petitioner approached this Court by filing the writ petition under Article 226 of the Constitution of India without any bona fides and stating untrue facts. Pending the writ petition he submitted an application on 21/6/2011 requesting the Panchayat to issue a licence. In paragraph 20 of the counter affidavit filed by the Panchayat it is stated that the said application is not submitted in the proper form and without remitting the application fee or licence fee. The contention of the petitioner that the Dangerous and Offensive Trade Rules 1996 having not been made applicable in the Panchayat is also without any substance. The petitioner submitted an application under the Dangerous and Offensive Trade Rules requesting for issuance of licence. Therefore, the said contention is also without any bona ::15:: W.P.(C).No.16317 & 19243 Of 2011 fides and without any basis. The learned counsel for the petitioner submits that the notification under Rule 4 of the Dangerous and Offensive Trade Rules 1996 is in force in the Panchayat area and therefore, the petitioner cannot, without licence, conduct the pig farm, which is covered by the notification and is specified in Schedule 1 and therefore a licence is necessary. 17. In these circumstances, this Court is of the view that the relief sought for in W.P.(C).No.16317/2011 to quash Ext.P4 order cannot stand. The Panchayath has every authority to issue orders directing the petitioner to close down the pig farm. In the connected writ petition, W.P.(C).No.19243/2011, the 4th respondent is the petitioner in W.P.(C).No.16317/2011. For the reasons I have stated in detail, the petitioners in W.P.(C). No.19243/2011 are entitled to the relief sought for. In this circumstance, a direction is issued to respondents 2 and 3 to take immediate steps to close down the pig farm by implementing Ext.P4/P6 order within seven days from today. If the assistance of the Police is required, the Panchayath shall execute the work with the assistance of the Circle Inspector of Police, Kaliyar and ::16:: W.P.(C).No.16317 & 19243 Of 2011 Sub Inspector of Police, Kaliyar. The Panchayath shall also may seek assistance of the Health Inspector, Veterinary Surgeon and the Managing Director, Meats Products of India Limited. In the event of request from the Panchayath authorities, the aforesaid authorities shall extend their assistance for closure of the pig farm. Accordingly, W.P.(C).No.19243/2011 is allowed with cost and W.P.(C)No.16317/2011 is dismissed with cost. The petitioner in W.P.(C).No.16317/2011 shall pay the cost of Rs.10,000/- (Rupees Ten Thousand only). Out of Rs.10,000/- an amount of Rs.5,000/- shall be paid to the petitioners in W.P.(C). No.19243/2011 and the balance amount of Rs.5,000/- to the Panchayath. HARUN-UL-RASHID, Judge. bkn/-