IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 26576 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------ 1. JAYAPRAKASH M.B., S/O. BALAN, AGED 35, MANNATTA HOUSE, KAYOOR WARD, KAYOOR, EDAMARUKU P.O., BHARANANGANAM VIA, KOTTAYAM DISTRICT. 2. MANOJ M.B., S/O. BALAN, OF -DO- -DO- BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): ---------------------------- 1. RAJAPPAN M.R., S/O. RAMAN, MANATTU HOUSE, KAYOOR, EDAMARUKU P.O., KOTTAYAM DISTRICT - 686 652. 2. SUKUMARAN M.R., OF -DO- -DO- 686 652. 3. RAJENDRAN M.R., S/O. BHASKARAN,AGED 34, OF -DO- -DO-686 652. 4. BIJU THANKAPPAN, S/O. THANKAPPAN, ETHUGAL HOUSE, OF -DO- -DO- 686 652. 5. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM - 686 001. 6. THE DISTRICT MEDICAL OFFICER, (DMO), COLLECTORATE, KOTTAYAM - 686 001. 7. THE BHARANANGANAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, BHARANANGANAM P.O., KOTTAYAM DISTRICT - 686 578. 8. THE STATE OF KERALA, REP. BY ITS SECRETARY TO LOCAL SELF GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R1 BY ADVS.SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR. R2 & R3 BY ADV. SRI.T.A.UNNIKRISHNAN R5,R6 & R8 BY GOVERNMENT PLEADER SRI. RAMESH R7 BY ADVS. SRI.SHAJI THOMAS PORKKATTIL, SRI.T.V.VINU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26576/2010 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION OF THE PETITIONERS AND THE LOCAL PEOPLE SUBMITTED TO THE 7TH RESPONDENT. P2: COPY OF THE INSEPCTION REPORT OF THE HEALTH INSPECTOR. P3: COPY OF THE STOP MEMO ISSUED BY THE 7TH RESPONDENT DTD.18/6/2010. P4(A): COPY OF THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE 7TH RESPONDENT DTD. 28/06/2010. P4(B): COPY OF THE PETITION FILED BY THE 2ND RESPONDENT BEFORE THE 7TH RESPONDENT DTD. 28/06/2010. RESPONDENT'S EXHIBITS: R1(A): PHOTOGRAPHS OF THE SHED. R1(B): PHOTOGRAPHS OF THE SHED. R1(C): PHOTOGRAPHS OF THE SHED. R1(D): COPY OF THE LETTER DTD.11/01/2010 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOTTAYAM IN THIS REGARD. R1(E): COPY OF THE REQUEST MADE BY THE 1ST RESPONDENT TO THE PANCHAYAT. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.26576 OF 2010 -------------------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT The petitioners who are residents of Kayoor within the limits of the 7th respondent panchayat filed this Writ Petition raising grievances against the ill-functioning of a piggery. The piggery in question belongs to respondents 1 to 3. 2. A counter affidavit has been filed by the first respondent in this Writ Petition. Subsequent to the filing of the counter affidavit, respondents 1 to 3 jointly moved I.A.No.9802/2011 with a prayer for granting six months' time for removing the pigs reared by them in the piggery in question. I do not propose to consider the merits of the contentions raised in the affidavit accompanying the said I.A. Evidently, respondents 1 to 3 seek only some time for the purpose of removing the pigs being reared by them. Respondents 1 to 3 submitted that there are only less than ten pigs being reared by them in the piggery in question. Considering the number of pigs being reared by respondents 1 to 3 and also considering the prayer made in the aforesaid I.A, I am inclined to W.P.(C) NO.26576/2010 2 dispose of this Writ Petition as hereunder:- Respondents 1 to 3 shall remove the grown up pigs from the piggery within a week from today. The pigs aged less than three months shall be removed within a month. The pregnant pigs along withpiggies shall be removed within a period of six weeks. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.26576/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.26576/2010 4