IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31737 of 2010(N) -------------------------- PETITIONER(S): --------------- MOHAMMED UNIS, MUTHRAMAL HOUSE, CHIRAKADAVU P.O., CHIRAKADAVU, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. CHIRAKADAVU GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, OFFICE OF THE CHIRAKKADAVU GRAMA PANCHAYAT, PONKUNNAM, KOTTAYAM DISTRICT-686 506. 2. A.M.MEERAMMAN, ARICHIDATHU HOUSE, CHIRAKKADAVU P.O., CHIRAKKADAVU, KOTTAYAM-686 520. 3. A.M.ISMAIL, ARICHIDATHU HOUSE, CHIRAKKADAVU P.O., CHIRAKKADAVU, KOTTAYAM-686 520. 4. THE SECRETARY, CHIRAKKADAVU GRAMA PANCHAYAT, OFFICE OF THE CHIRAKKADAVU GRAMA PANCHAYAT, PONKUNNAM, KOTTAYAM DISTRICT-686 506. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31737/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of October, 2010 J U D G M E N T The petitioner herein is aggrieved by the location of a Poultry Farm very near to his property, according to him. 2. The details furnished in the writ petition show that the building permit was applied by respondent Nos.2 and 3 on 11/06/2007 in a plot having an extent of 3 acres in Survey No.104/9 of Chirakadavu Village. Ext.P3 is the copy of the said application. Ext.P4 is the Order dated 04/06/2008 approving the lay out, issued by the Chief Town Planner. Accordingly, the building permit was granted by Ext.P5. The case pleaded by the petitioner is that as per lay out plan which was approved by the Chief Town Planner, the location of the building was to the Western side of the property of respondent Nos.2 and 3. According to him, now after the construction is over, it can be seen that the location is towards the Eastern side i.e., just near the property of the petitioner. Accordingly, the petitioner complains that there is violation of the conditions provided by the Chief Town Planner. Further, respondent Nos.2 and 3 are conducting farm in a large scale and, therefore, the petitioner and his family are suffering from W.P.(C). No.31737/2010 -:2:- the pollution caused by the functioning of the Poultry Farm very near to their residential property. Ext.P8 is the representation submitted by the petitioner before the Panchayat. It is prayed that the Panchayat may be directed to consider Ext.P8. 3. There will be a direction to the fourth respondent to consider Ext.P8 after issuing notice to the petitioner and respondent Nos.2 and 3. The same will be done after the new Committee takes charge pursuant to the elections to the local bodies. Appropriate decision will be taken within a period of six weeks from the date of receipt of a copy of this Judgment. It is made clear that I have not expressed anything on the merits of the matter. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the Panchayat for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms