IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 4375 of 2009(U) ------------------------------- PETITIONER(S): --------------- 1. JAYAKRISHNAN, S/O.BALAKRISHNAN PANICKER, AGED 41 YEARS, PERIANGATTUKALARIKKAL HOUSE, KANDUIYOOR P.O., MATTOM, THRISSUR - 680 602. 2. CHAKRAPANI PANICKER, S/O.MADHAVAN PANICKER, PERIANGATTUKALARIKKAL HOUSE, KANDUIYOOR P.O., MATTOM, THRISSUR - 680 602. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. KANDANASSERY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KANDANASSERY GRAMA PANCHAYATH, P.O.MATTAM, THRISSUR DISTRICT, PIN - 680 602. 2. HEALTH SUPERINTENDENT, COMMUNITY HEALTH CENTRE, PAZHANJI P.O., THALAPPILLY TALUK, THRISSUR DISTRICT. 3. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICER, SAKTHI NAGAR, PUNKUNNAM, THRISSUR - 2, REP. BY ENVIRONMENTAL ENGINEER. 4. SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR. 5. K.F.DAVIS, KAKKASSERY HOUSE, KANDUIYOOR, MATTOM P.O., THRISSUR. 6. JOSAN, THEKKATH HOUSE, NAMBAZHIKKAD, MATTOM, THRISSUR. ADV. MR.DEEPU THANKAN FOR R5 MR. SHAJI P. CHALY MR. M.K. CHANDRAMOHANDAS MR. RAMACHANDRAN GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C)NO.8354/09 & 7792/09ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4375 of 2009 APPENDIX EXT.P1: PHOTOGRAPHS SHOWING THE ILLEGAL FUNCTIONING OF PIG FARM BEING CARREID ON BY RESPONDENTS 5 AND 6. EXT.P2: COPY OF THE COMPLAINT DATED 02.01.09 SUBMITTED TO THE RESPONDENTS 1 TO 4. EXT.P3: COPY OF THE ACKNOWLEDGEMENT CARD DULY SIGNED BY RESPONDENTS 1 TO 4. RESPONDENTS' EXHIBITS EXT.R5(a): COPY OF LICENCE ISSUED ON 20.8.2006 ISSUED BY R1. EXT.R5(b): COPY OF APPLICATION SUBMITTED ON 7.3.2007. EXT.R5(c): COPY OF APPLICATION FOR RENEWAL OF THE DEEMED LICENCE' DATED 3/3/2008. EXT.R5(d): COPY OF COVERING LETTER DATED 3.3.2008. EXT.R5(e): COPY OF FRESH APPLICATION AND DDS SUBMITTED ALONG WITH THE RENEWAL OF THE LICENCE FOR THE YEAR 2008-2009. EXT.R5(f): COPY OF THE FRESH APPLICATION AND DDS SUBMITTED ALONG WITH THE RENEWAL OF THE LICENCE FOR THE YEAR 2009-2010. EXT.R5(g): COPY OF APPLICATION SUBMITTED TO R3 ON 28.2.2009. EXT.R5(h): COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD DT. 28.2.2009. EXT.R5(i): COPY OF THE LETTER ISSUED BY R2 DTD 2/2/2009. EXT.R5(j): COPY OF PHOTOGRAPH OF THE TANK CONSTRUCTED IN TERMS WITH THE DIRECTIONS OF R2. EXT.R5(k): COPY OF PHOTOGRAPHS. EXT.R5(l): COPY OF PHOTOGRAPHS OF THE BIOGAS PLANT ANCILLARY UNITS. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------------ W.P.(C)Nos.4375, 7792 & 8354 OF 2009 ------------------------------------------------- Dated this the day of March, 2009 JUDGMENT The dispute in these writ petitions is in respect of a piggery being conducted by the petitioner in W.P.(C)Nos.7792 and 8354 of 2009. W.P.(c)No.4375/09 is filed by some persons aggrieved by the running of the piggery without a valid licence. The petitioner in W.P.(C) Nos.7792 and 8354 of 2009 is aggrieved by the inaction on the part of the Panchayat in considering the application for licence submitted by the petitioner. 2. I am of opinion that without going to the merits of the respective contentions, these writ petitions can be disposed of directing the Panchayat to consider the application for licence submitted by the petitioner in W.P.(C) Nos.7792 and 8354 of 2009 in accordance with law expeditiously. In the above circumstances, the writ petition is disposed of with the following directions: The Panchayat shall consider the application for licence submitted by the petitioner in W.P.(C) Nos.7792 and 8354 of W.P.(c)no.4375/09 & con.cases. 2 2009, after affording an opportunity of being heard to the petitioner in those writ petitions as well as the petitioners in W.P.(C)No.4375/09 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner in W.P.(C) Nos.7792 and 8354 of 2009 shall produce all required documents before the Panchayat to enable the Panchayat to consider his application for licence. Till then, the Panchayat, The Superintendent of Health, Community Health Centre, Pazhanji P.O. and the Kerala State Pollution Control Board, if necessary with the help of the Police, shall ensure that the piggery is being conducted in hygienic circumstances. The Pollution Control Board shall consider and pass orders on the application submitted by the petitioner within two weeks from today. S. SIRI JAGAN, JUDGE Acd W.P.(c)no.4375/09 & con.cases. 3