IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 12098 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- N.A. GEORGE, AGED 68 YEARS, S/O. ANTONY, RESIDING AT PARAKKAL NJARLELY, VELLANCHIRA.P.O, ALOOR, THRISSUR DISTRICT. BY ADV. MR.K.RAVIKUMAR RESPONDENT(S): ---------------------------- 1. AYYPPAN, AGED 50 YEARS, S/O. MANIKUTTY, ANKARAGH VEEDU, VELLANCHIRA.P.O, THRISSUR DISTRICT. 2. BABU @ KUTTAN, AGED 40 YEARS, S/O. MANIKUTTY, ANKARAGH VEEDU, VELLANCHIRA.P.O, THRISSUR DISTRICT. 3. SECRETARY, ALOOR GRAMA PANCHAYATH, ALOOR, THRISSUR DISTRICT. 4. REVENUE DIVISIONAL OFFICER, COLLECTORATE, THRISSUR. R2 BY ADVS.MR.M.R.DHANIL, MR.JOBY JOSEPH (THRISSUR). R3 BY ADVS.MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12098/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 7/07/2006. P2: COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 29/06/2007. P4: COPY OF THE REPRESENTATION DTD. 18/12/2008. P5: COPY OF THE DISCHARGE SUMMARY ISSUED FROM LAKESHRE HOSPITAL. P6: COPY OF THE REPRESENTATION DTD. 8/01/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 12098 OF 2009 ............................................ DATED THIS THE 25th DAY OF JUNE, 2009 JUDGMENT The petitioner is aggrieved by the nuisance caused by the activity of a poultry farm. He says that the pollution created thereby results in health hazards and has interfered with the health and normal life of the petitioner. After complaining to the panchayat, the petitioner has placed Ext.P6 before the RDO, Thrissur, Deputy Director of Panchayats and District Medical Officer, Thrissur. Though he names respondents 1 and 2 as the persons who are running the poultry farm, their counsel states that those persons had sold the property to one Thomson Group of Companies and that respondents 1 and 2 are not involved in the activity. When a citizen complains to the Public Health Authority or District Administration of any particular activity affecting health, the said person cannot be expected to hitch-hike to find out the real culprit. It should be well within the District Administrative machinery to trace out the wrong doer and rectify the situation because public health is not a matter to be taken Wpc 12098/2009 2 care of only on specific complaint. Under such circumstances, the fourth respondent RDO is directed to take immediate action on Ext.P6 by calling for a report from the District Medical Officer and also from the panchayat authorities and then issue notice to the wrong doer, if any, as may be noticed and do the needful in accordance with law. Let this be done within an outer limit of 45 days from the date of receipt of a copy of this judgment. It is clarified that this judgment does not speak anything on merits of the contentions. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/6