IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 15756 of 2008(Y) ---------------------------------------- PETITIONER: ---------------- JOSEPH, AGED 45, S/O.VARKEY, MARIAKADAMBIL HOUSE, UDUMBANNOOR VILLAGE, EDAMARUKU KARA, KIZHAKKUMPADAM BHAGOM, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS: ------------------------- 1. SECRETARY, UDUMBANNOOR GRAMA PANCHAYAT, UDUMBANNOOR PO., THODUPUZHA,IDUKKI DISTRICT. 2. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THATTAKUZHA PO., THODUPUZHA, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR- R2 ADV. SRI.V.V.RAJA FOR R1 SRI.R.RANJITH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008 ALONG WITH WPC.NO.19063 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15756/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DTD. 17/03/2008. EXT.P2: COPY OF THE REPORT NO.124/08 OF THE 2ND RESPONDENT DTD. 16/04/2008. EXT.P3: COPY OF THE INFORMATION GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER VIDE REPLY DTD. 17/04/2008. EXT.P4: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE POULTRY FARMS. EXT.P5: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE POULTRY FARMS. EXT.P6: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, IDUKKI. RESPONDENT'S ANNEXURES: ANNEXURE R1(A): COPY OF THE LETTER DTD. 17/04/2008 SUBMITTED BY THE PANCHAYATH BEFORE THE BLOCK MEDICAL OFFICER PHC, MUTTOM. ANNEXURE R1(B): COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 11/04/2008 IN WPC NO.13068 OF 2008. ANNEXURE R19C): COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 17/06/208 IN WPC.NO.18135/08. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NOs.15756/08 & 19063/08 ----------------------------------------------------------------- Dated this the 7th day of July, 2008 JUDGMENT The issue raised in these two writ petitions being common, these cases are disposed of by this judgment. 2. Petitioners are the residents of the Udumbannoor Grama Panchayat and are complaining about the unauthorised poultry farms run by party respondents in WP (c).No.19063/2008. Their grievance is that, the aforesaid party respondents are running poultry farms within the jurisdiction of the respondent Panchayat, without obtaining licence under the Kerala Panchayat Raj(Issue of Licence to Dangerous and Offensive Trade and Factories)Rules, 1986. It is on that basis, a declaration that the poultry farms run by the party respondents is in violation of the provisions in the Panchayat Raj Act and Rules mentioned above. They are also seeking a direction commanding respondents 1 to 6 to WP(c).Nos.15756/08 &19063/2008 2 take steps to close down the poultry farms run by respondents without licence. 3. On facts, it is seen that, initially the Panchayat had issued stop memo dated 31.3.2008 to the party respondents in WP(c).No. 19063/2008). It is stated that, there was no response to the stop memo and that on 24.4.2008 Panchayat passed an order prohibiting the running of the poultry farms of the party respondents herein(Ext.P4 in WP (c).No.19063/2008. On receipt of the said order, it was challenged before this court in WP(c).No.1308/2008. That writ petition was disposed of by judgment dated 11.4.2008 of this court directing that, the Panchayat shall consider the application for licence with notice to the parties concerned and take a decision within one month of receipt of a copy of the judgment. It was further directed that, until a decision on the application made for licence was taken, the status quo shall be maintained in the meanwhile. WP(c).Nos.15756/08 &19063/2008 3 4. Panchayat submits that in pursuance to the aforesaid judgment of this court, the applications for licence received were considered and after hearing the applicants it passed orders rejecting the applications for licence. Ext.P5 marked in W.P.(c).No.19063/2008 is one of such communications issued by the Panchayat to the 8th respondent in WP(c).No.19063/2008. The orders rejecting the licence applications were challenged by respondents 8,9,10 and 12 in WP(c).No.19063/2008 before this court in WP(c).No.18135/2008 and that resulted in judgment dated 17.6.2008. By that judgment, the writ petition was disposed of relegating the petitioners therein to pursue the statutory remedy of appeal and further directing that the status quo as it then obtained, shall be maintained for a period of 4 weeks. The judgment having been rendered on 17th June, 1998, the status quo thus ordered will endure to the benefit of the petitioners therein viz. respondents 8,9,10 and 12 herein till 16.7.2008. It was while so, this writ petition has WP(c).Nos.15756/08 &19063/2008 4 been filed with the prayers mentioned above. 5. In so far as respondents 8,9,10 and 12 are concerned, by judgment in WP(c).No.18135/2008, they are already relegated to pursue the statutory remedy that is available to them. In that judgment it was also directed that status quo as it obtained on 17.6.2008 will be maintained for one month. In view of this, as far as those respondents are concerned, even though, as on date, they do not possess any licence, they are entitled to have the benefit of the stay order till 16.7.2008. This position cannot be altered in this judgment. It is clarified that, further continuance of their poultry farm beyond 16.7.2008 will be dependent upon the orders that are to be passed by the appellate authority, if the aforesaid respondents have availed of the appellate remedy as directed. 6. In so far as respondents 7,11 and 14 to 20 are concerned, although they also accept the position that they have been served Exts.P4 and P5, according to the counsel WP(c).Nos.15756/08 &19063/2008 5 they have not pursued any statutory remedy that are available to them, but are only taking steps for the same. However, it is contended that the panchayat has not issued any notification as required under Section 232 of the Panchayat Raj Act and Rule 4 of the Rules referred above. According to them, in the absence of a notification there is no requirement of D&0 licence. 7. If the aforesaid respondents had such a contention against Exts.P4 and P5 it was for them to pursue that contention before the statutory authorities on receipt of Ext.P4 and P5. In this case, admittedly as at present Exts.P4 and P5 remains in force and the aforesaid respondents are bound by these orders and are also required to comply with the directions issued by the Panchyat. If that be so, the running of the poultry farm subsequent to the receipt of Ext.P5 is clearly illegal and has to be stopped. It is directed that it is the responsibility of the 6th respondent Panchyat to ensure compliance of Exts.P4 and P5 and for that purpose WP(c).Nos.15756/08 &19063/2008 6 if the Panchayat requires the assistance of any other agency including police, it will be open to the Panchayat to do so. 8. Accordingly the writ petition is disposed of directing that the Panchayat shall take necessary steps for the implementation of Exts.P4 and P5 as against respondents 7,11,14 to 20. In so far as respondent 8.9,10 and 12 are concerned status quo will be maintained till 16.7.2008 and in case they do not succeed in producing order setting aside or staying Exts.P4 and P5, these orders will be implemented. 9. It is clarified that, this judgment will not stand in the way of the aforesaid respondents from pursuing the statutory remedies that are available to them. 10. In so far as respondents 18 and 19 are concerned, it is contended by them that although they have approached the Panchayat for a licence before the Panchayat and the Panchayat has not passed any order. If that be so, they can WP(c).Nos.15756/08 &19063/2008 7 approach the Secretary of the Panchayat, in which case, orders on their applications for licence shall be expeditiously passed. Writ petitions are disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).Nos.15756/08 &19063/2008 8