IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 23312 of 2010(L) -------------------------- PETITIONER: --------------- ANTONY AGED 55 YEARS, S/O. DEVASSY, CHENGINIYADAN HOUSE, EAST KORATTY, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. JOSEPH, S/O.KALLELI VEETTIL PAPPU, THIRUMUDIKUNNU DESOM, KORATTY KIZHAKKUMMURI VILLGE, MUKUNDAPURAM TALUK, PIN-680308. 2. ELSY JOSEPH,W/O.JOSEPH,KALLELI VEETTIL, THIRUMUDIKUNNU DESOM, KORATTY KIZHAKKUMMURI VILLAGE, MUKUNDAPURAM TALUK, PIN-680308. 3. KORATTY GRAMA PANCHAYAT REP.BY ITS SECRETARY, P.O. KORATTY, PIN-680308. 4. POLLUTION CONTROL BOARD REP. BY ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, THRISSUR. 5. DISTRICT MEDICAL OFFICER, THRISSUR. 6. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MAMPRA, THRISSUR DIST. 7. SUB INSPECTOR OF POLICE, KORATTY, PIN-680308. ADV. SMT.MEREENA JOSEPH FOR R1 & R2 SRI.SHEEJO CHACKO FOR R3 SRI.BIJU KURIAKOSE FOR R3 SRIA.G.UNNIKRISHNAN FOR R3 SRI M.K.CHANDRAMOHAN DAS FOR R4 SHRI VARGHESE FOR R5 SHRI MANUVILSAN (ADVOCATE COMMISSIONER) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, ALONG WITH WPC NO. 24874 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.23312/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE CERTIFICATE ISSUED BY DR.SURESH P, SHOWING THAT THE PHYSICAL CONDITIONOF PETITIONER'S WIFE. EXT.P2: TRUE COPY OF THE JUDGMENT IN O.S.No.73/08 DATED 20.1.10 OF MUNSIFF COURT, CHALAKUDY. EXT.P3: TRUE COPYOF THE REPORT OF THE HEALTH INSPECTOR, PUBLIC HEALTH CENTRE, MAMPRA DATED 3.1.08. EXT.P4: TRUE COPY OF INTERIM INJUNCTION ORDER OF THE MUNSIFF COURT, CHALAKUDY IN I.A.No.825/10 IN O.S.No.259/10. EXT.P5: TRUE COPY OF THE LETTER DATED 2.6.10 SENT TO THE 3RD RESPONDENT BY THE PETITIONER. EXT.P6: TRUE COPY OF THE COMMISSIONER'S REPORT IN O.S.No.259/10 OF MUNSIFF COURT, CHALAKUDY. EXT.P7: TRUE COPY OF THE CONSENT NO.PCB/DO/TSR/F/IC/1116/2010 DATED 30.6.10. RESPONDENTS'EXTS: EXT.R1: TRUE COPY OF THE LETTER ADDRESSED BY THE SECRETARY, KORARRY GRAMA PANCHAYAT. EXT.R2: TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER, THRISSUR DATED 19.6.10. EXT.R3: TRUE COPY OF THE CONSENT LETTER DATED 30.6.10. EXT.R4: TRUE COPY OF THE NO OBJECTION CERTIFICATE EXT.R5: TRUE COPY OF THE JUDGMENT IN W.P.(C)No.22745/10 COMMISSIONER'S EXTS: ANNEXURE A1: TRUE COPY OF THE ADDITIONAL WORK MEMO SUBMITTED BY THE PETITIONER. ANNEXURE A2: TRUE COPY OF THE WORK MEMO SUBMITTED BY THE COUNSEL FOR RESPONDENTS 1 AND 2. ANNEXURE A3: ROUGH SKETCH OF THE RESIDENTIAL HOUSE AND PROPERTY OF THE PETITIONER AS WELL AS THE POULTRY SHET OF RESPONDENTS 1 AND 2. ANNEXURE A4: TRUE COPY OF THE CONSENT DOCUMENT VIDE NO.PCB/TSR/IC/1917/10 ISSUED BY THE KERALA POLLUTION CONTROL BOARD WHICH WAS FURNISHED TO THE ADVOCATE COMMISSION BY THE PETITIONER. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.23312 & 24874 of 2010 ----------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2010 JUDGMENT The petitioner in W.P.(C)No.23312/10 is opposing the conduct of a poultry farm by respondents 1 and 2. It is mainly alleged that the same causes huge environmental pollution and health hazards to the petitioner. Mainly it is contended that it is being conducted only 15 Metres away from the residential house of the petitioner. It is also submitted that respondents 1 and 2 have not obtained the requisite permission from the District Medical Officer and there is no proper consent from the Pollution Control Board. 2. In W.P.(C)No.24874/10, the petitioner challenges the stop memo issued by the Panchayat. 3. This is a case wherein the petitioner in W.P.(C) No.23312/10 has filed a civil suit and obtained a decree whereby the first respondent is restrained from conducting the poultry farm without getting licence from the concerned Panchayat. Copy of the judgment has been produced as Exhibit P2. Later, the petitioner filed another Original Suit as O.S.No.259/10 W.P.(C)Nos.23312 & 24874/10 -2- wherein an interim injunction was obtained against the Secretary of the Panchayat from issuing the licence. The first respondent was not arrayed as a defendant in the civil suit. 4. The learned counsel for the petitioner in W.P.(C)No. 24874/10 submitted that the District Medical Officer and the Pollution Control Board have issued the required permits and the injunction order passed by the civil court was the only impediment for getting the licence. It is submitted that they are only rearing the chicken and not selling dressed chicken. It is also the contention of the petitioner therein that the petitioner has complied with the directions issued by the Pollution Control Board in the consent to operate and the allegations regarding pollution raised by the petitioner in the connected Writ Petition are not correct. 5. As on today, the order of injunction granted by the civil court has been vacated. Therefore, now there is no legal impediment for the Panchayat to consider the application for issuance of licence. Of course, the Panchayat will have to consider it in the light of the complaint raised by the petitioner in W.P.(C)No.23312/10 and in accordance with the prescriptions of W.P.(C)Nos.23312 & 24874/10 -3- the proceedings of the District Medical Officer and the conditions prescribed by the Pollution Control Board. The learned counsel for the petitioner in W.P.(C)No.23312/10 submitted that before the Panchayat finalises the action, the Environmental Engineer of the Pollution Control Board may be directed to conduct an inspection to find out whether the petitioner in W.P.(C) No.24874/10 has complied with all the conditions. 6. Therefore, the Writ Petitions are disposed of with the following directions. There will be a direction to the Environmental Engineer of the Pollution Control Board to conduct an inspection of the premises wherein the poultry farm is being conducted, within ten days and furnish a copy of the report to the petitioner in W.P.(C) No.23312/10 and to the Panchayat concerned. Thereafter, the Secretary of the Panchayat will consider the application for issuance of licence after conducting a local inspection by himself also. After considering the various reports including the prescriptions made by the District Medical Officer and the Pollution Control Board, the application for licence will be disposed of within a period of one month. Till then, the interim W.P.(C)Nos.23312 & 24874/10 -4- order passed by this Court in W.P.(C)No.20874/10 will continue. The inspections by the Pollution Control Board and the Secretary of the Panchayat will be conducted after issuing notice to both parties. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to judge