IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Crl.MC.No. 3849 of 2010(A) -------------------------------------- [CRL.R.P.NO.39/2008 OF SESSIONS COURT, THRISSUR, MC.NO.161/2007 OF SUB DIVISIONAL MAGISTRATE, THRISSUR] .................... PETITIONERS/REVISION PETITIONERS/COUNTER PETITIONERS: --------------------------------------------------------------------------------------------- 1. JOSE, VAZHAPPILLY HOUSE, PUTHUR DESOM, KAIPARAMBU VILLAGE,THRISSUR TALUK. 2. YAKOB, VAZHAPPILLY HOUSE, PUTHUR DESOM, KAIPARAMBU VILLAGE, THRISSUR TALUK. BY ADV. SRI.T.A.RAJAGOPALAN. RESPONDENTS/1ST RESPONDENTS/1ST RESPONDENT/PETITIONER: ---------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. 2. JOHNSON, VAZHAPPILY HOUSE, PUTHUR DESOM, KAIPARAMBU VILLAGE, THRISSUR TALUK. R1 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL, R2 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, SRI.P.M.RAFIQ, SRI.V.C.SARATH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3849/2010-A: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE 1: COPY OF THE DECISION NO. 11/98 DTD. 19/01/98 OF THE KAIPARAMBU GRAMA PANCHAYATH. ANNEXURE 2: COPY OF THE CERTIFICATE ISSUED CENTRE FOR PIG PRODUCTION AND RESEARCH UNDER NATIONAL AGRICULTURAL TECHNOLOGY PROJECT, AT COLLEGE OF VETERINARY AND ANIMAL SCIENCES MANNUTHY, THRISSUR. ANNEXURE 3: CIRCULAR NO. PCB/TAC/18/2004 DTD. 09/08/2004 ISSUED BY THE POLLUTION CONTROL BOARD. ANNXURE 4: LETTER DTD. PCB/TSR/GEN/59/2006 DTD. 24/01/2009. ANNEXURE 5: COPY OF THE CERTIFICATE DTD. 20/07/2010 ISSUED BY MANAGER OF BANK OF BARODA. ANNEXURE 6: COPY OF THE CERTIFICATE DTD 19/07/2010 ISSUED BY MANAGER, INDIAN OVERSEAS BANK. ANNEXURE 7: COPY OF THE JUDGMENT DTD. 04/07/2007 IN CRL.R.P.3224/2006. ANNEXURE 8: COPY OF THE CERTIFICATE ISSUED BY THE SENIOR VETERINARY SURGEON OF MUNDOOR VETERINARY HOSPITAL. ANNEXURE 9: COPY OF THE DEPOSITION BY DR. E. JOHN JACOB, THE SENIOR VETERINARY SURGEON OF MUNDOOR VETERINARY HOSPITAL. ANNEXURE 10: COPY OF THE ORDER OF THE SUB-DIVISIONAL MAGISTRATE IN M.C. NO. 161/07. ANNEXURE 11: COPY OF THE JUDGMENT OF LEARNED SESSIONS JUDGE, THRISSUR DTD. 11/06/2010 IN CR.R.P.39/2008. ANNEXURE 12: COPY OF THE APPLICATION DTD. 06/07/2010. ANNEXURE 13: COPY OF THE ORDER DTD. 05/08/2010 IN M.C. NO.161/2007 ISSUED TO THE P.1. ANNEXURE 14: COPY OF THE ORDER DTD. 05/08/2010 IN M.C. NO.161/2007 ISSUED TO THE P.2. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE. Prv. B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.3849 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011 ORDER Heard learned counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners challenge Annexures 10, 11, 13 and 14 orders directing them to discontinue the piggery conducted by them in their property situated in Kaiparambu Grama Panchayat. Prayer in this Crl.M.C. is to set aside Annexure 10 order of Sub Divisional Magistrate, Thrissur dated 18-4-2008 in M.C.No.161/07 and Annexure 11 judgment of the learned Sessions Judge, Thrissur dated 11-6-2010 in Crl.R.P.39/2008 and Annexure 13 order dated 5- 8-2010 to the first petitioner in M.C.No.161/2007 by the Sub Divisional Magistrate, Thrissur and Annexure 14 order dated 5-8-2010 to the second petitioner in M.C.No.161/2007 by the Sub-Divisional Magistrate. 3. I am not inclined to entertain this petition filed under Section 482 of the Criminal Procedure Code at this stage. I do not find any illegality or impropriety in the impugned orders passed by the courts below. However, considering the sad plight of the petitioners and the submission made by the learned counsel for the petitioners, I permit the petitioners to continue the pig farm till 31st December, 2011 subject to condition that the petitioners shall Crl.M.C.No. :: 2 :: file an undertaking before the learned Executive Magistrate to the effect that they shift the pig farm to some other permissible place within the specified time. If the above undertaking is not complied with, it will construe to contempt of court proceedings. Crl.M.C. is dismissed as above. B.P.RAY, JUDGE jes