IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 W.A.No. 1530 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.19063/2008 DATED 07/07/2008 .................... APPELLANTS/RESPONDENTS 7, 11, 14 TO 17 & 20: ------------------------------------------------------------------------ 1. MR. JIBINS, S/O GEORGE, THADATHINPUTHEN PURAYIL HOUSE, KIZHAKKUMPADAM BHAVAM, UDUMBANNOOR, THODUPUZHA, IDUKKI. 2. MR. SHIJU, S/O MATHEW, THOTTAPPILLIL HOUSE, UDUMBANNOOR, THODUPUZHA, IDUKKI. 3.. MR. BENOY, S/O JOBE, PULLATHUKUDIYIL HOUSE, UDUMBANNOOR, THODUPUZHA , IDUKKI DISTRICT. 4. MR. BEJOY, S/O KURIAN, KIZHAKKEDTH HOUSE, UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. 5. MR. MANUAL @ MANI, S/O JOSEPH, PALLATHUKUDIYIL HOUSE, UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. 6. MR. K.A. GEORGE, S/O IYPE, KOCHUKUDIYIL HOUSE, CHEEMIKUZHI P.O., UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. 7. MR. CHACKO, PENATHIKALAPURAYIL HOUSE, CHEEMIKUZHI P.O., UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. BY ADV.SRI.BIJU ABRAHAM W.A.No.1530 OF 2008 - 2 - RESPONDENTS/PETITIONERS, RESPONDENTS 1 TO 6,8 TO 10,12,13,18 & 19: ------------------------------------------------------------------------------------------------------------- 1. M.V. THOMAS, AGED 44 YEARS, S/O VARGHESE MUNDUCHIRACKAL HOUSE, CHEENIKUZHI P.O., UDUMBANNOOR VILLAGE, THODUPUZHA, IDUKKI DIST. 2. JOHN K.L., KOMPANATHOTTATHIL, CHEENIKUZHI P.O., UDUMBANNOOR VILLAGE, THODUPUZHA IDUKKI DISTRICT. 3. THE DISTRICT COLLECTOR, IDUKKI. 4. THE DEPUTY DIRECTOR OF PANCHAYATS, THODUPUZHA. 5. THE TAHSILDAR, THODUPUZHA. 6. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MUTTAM, THODUPUZHA. 7. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THATTAKUZHA, 8. THE UDAMBANNOOR PANCHAYAT, UDAMBANNOOR, THODUPUZHA, IDUKKI, REPRESENTED BY ITS SECRETARY. 9. MR. JOHN P. VARGHESE, S/O VARGHESE, POLIYAPARAYIL HOUSE, CHEENIKUZHI P.O., UDUMBANNOOR, THODUPUZHA, IDUKKI.. 10. MR. SINE K.B, S/O BALAN, KOORUMULLARIYIL HOUSE, UDUMBANNOOR, THODUPUZHA, IDUKKI. 11. MR. N.K. SCARIA, NADUVELIPUTHENPURAYILHOUSE, UDUMBANNOOR, CHEENIKUZHI P.O., UDUMPANNOOR, THODUPUZHA IDUKKI. 12. MR. SHAJI, S/O AUGUSTINE, KULATHINKAL HOUSE, CHEENIKUZHI P.O., UDUMBANNOOR, THODUPUZHA IDUKKI, W.A.NO.1530 OF 2008 - 3 - 13. MR. CHACKO, S/O VARGHESE, KUNNATH HOUSE, CHEENIKUZHI P.O., UDUMBANNOOR, THODUPUZHA IDUKKI, 14. MR.KRISHNAN, KADUMATTIL HOUSE, CHEEMIKUZHI P.O., UDUMBANNOOR, THODUPUZHA, IDUKKI. 15. M/S FRIENDS POULTRY FARM, C/O SHINE, KADUMATTIL HOUSE, PARIYARAM, CHEENIKUZHI P.O. UDUMBANNOOR, THODUPUZHA, IDUKKI R1 & R2 BY ADV.SRI.K.RAMAKUMAR (SR) & SMT.SMITHA GEORGE R3 TO R7 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R8 BY ADV.SRI.RAJA VIJAYARAGHAVAN R14 & R15 BY ADV.SRI.A.MOHAMMED BY ADV.SRI.MANSOOR B.H. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1530 of 2008 ------------------------------------------ Dated, this the 23rd day of July, 2008 JUDGMENT H.L.Dattu, C.J. Appellants before us are respondents 7, 11, 14 to 17 and 20 in W.P.(C) No.19063 of 2008 filed by respondents 1 and 2 in this writ appeal. 2. Respondents 1 and 2 herein were before this Court in W.P.(C) No.19063 of 2008. There were two prayers in the writ petition, one to declare that the running of Pig Farms and Poultry Farms by respondents 7 to 20 in Udambannoor Panchayat is violative of the provisions of the Kerala Panchayat Raj Act without a licence, and therefore, liable to be stopped forthwith. The other prayer was for a direction to respondents 1 to 6 in the writ petition to take effective steps to close down the Pig Farms and Poultry Farms run by respondents 7 to 20 in the writ petition without any licence within the Udambannoor Panchayat. 3. The learned Single Judge while considering the issue posed before him, has observed that within the Panchayat area, if anybody has to conduct any business/run Poultry Farm/Pig Farm, etc., they need to obtain a licence under the provisions of the Kerala Panchayat Raj (Issue of W.A.No.1530 of 2008 2 Licence to Dangerous and Offensive Trade and Factories) Rules, 1986. The learned Judge has also taken into consideration Exts.P4 and P5 stop memos issued by the Grama Panchayat asking the appellants herein to stop their business activities till they obtain appropriate licences from the Grama Panchayat. 4. The appellants had brought to the notice of the learned Single Judge that they have already questioned Exts.P4 and P5 notices before the Council of the Grama Panchayat and, therefore, they need not be prevented from continuing with their business activities. 5. The learned Single Judge has only observed in his order that so long as Exts.P4 and P5 orders (stop memos) issued by the Grama Panchayat are not either stayed by any superior forum or cancelled/ modified/varied/annulled, etc., the Grama Panchayat is expected to implement those orders and, therefore, has directed the Grama Panchayat to effectively implement Exts.P4 and P5 orders passed by them. Aggrieved by that direction, respondents 4, 11, 14 to 17 and 20 in the writ petition are before us in this writ appeal. 6. Sri.Biju Abraham, the learned counsel appearing for the appellants, would vehemently contend before this Court that the appellants are not expected to obtain any licence from the Grama Panchayat under the W.A.No.1530 of 2008 3 provisions of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trade and Factories) Rules, 1986, to run either Pig Farms or Poultry Farms within the Grama Panchayat. 7. The stop memos are issued by the Grama Panchayat only on the ground that they are expected to obtain licence to run the aforesaid business and without there being a licence they cannot run that business. Aggrieved by that order, rightly, the appellants have filed appeal/revision/representation before the Council of the Grama Panchayat. It is also brought to our notice that an application for an interim order is also filed. 8. In a case of this nature, in our opinion, we cannot be interfering with a well considered order passed by the learned Single Judge. We can only say that if a request is made by the appellants herein before the Council of the Grama Panchayat either to consider their application for grant of an interim order of stay of Exts.P4 and P5 stop memos issued by the Grama Panchayat, or to hear the main appeal/revision/representation itself, the same should be considered by the Council of the Grama Panchayat as expeditiously as possible. If such a request is made by the appellants, the Council of the Grama Panchayat will consider either the application for grant of an interim order or the main W.A.No.1530 of 2008 4 appeal/revision/representation itself, and pass appropriate orders within ten days from the date of receipt of a copy of this Court's order. 9. All other contentions are left open. 10. In view of the order passed in the writ appeal, the prayer sought for in I.A.No.649 of 2008 need not be considered at this stage. Accordingly, the said application is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk