IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 10019 of 2008(P) -------------------------- PETITIONER: ------------ T.L.SEBASTIAN, THOTTUPATTU HOUSE KODIKULAM POST, THODUPUZHA. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ------------- 1. GARVASIS JOHN NARANATHU, KODIKULAM THODUPUZHA. 2. THE SECRETARY, KODIKULAM PANCHAYATH KODIKULAM, THODUPUZHA. 3. THE HEALTH INSPECTOR PRIMARY HEALTH CENTER, KODIKULAM, THODUPUZHA. 4. THE REVENUE DIVISIONAL OFFICER PAINAVU, IDUKKI. BY ADV. SMT.SADHANA KUMARI ESWARI SRI.K.K.CHANDRAN PILLAI SMT.M.A.BINDU GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 10019 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 JUDGMENT Senior Environmental Engineer, Kerala State Pollution Control Board, Idukki is suo motu impleaded as additional 5th respondent. 2. Sri.K.K.Chandran Pillai, standing counsel for the Panchayat was not able to point out any provision of law which mandates that the consent of neighbours living within 50 metres of the poultry farm should also be obtained as a condition precedent for grant of licence. Under these circumstances, I am inclined to dispose of the writ petition maintaining the interim order dated 31/03/2008 modifying it by lifting the restraint against bringing more chicken, issuing the following directions” 1) The Secretary of the Panchayat will take up the application for licence submitted by the petitioner, hear him as well as the party respondent in the writ petition and take a decision at the earliest and at any rate within six weeks of receiving a copy of this judgment. In the W.P.(C)No.10019/08 2 meanwhile, respondent No.3 and additional respondent No.5 are directed to consider the applications if any submitted by the petitioner for consent/no objection in the matter of poultry farm proposed to be conducted by him in survey No.349/5 of Kodikulam village in ward No.V of the second respondent Panchayat. The additional 5th respondent is directed to issue hearing notice to the first respondent also before orders are passed on the petitioner's prospective request for consent. PIUS.C.KURIAKOSE JUDGE sv. W.P.(C)No.10019/08 2