IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26282 of 2009(E) -------------------------- PETITIONER(S): --------------- JOY, S/O.JOSEPH JOSEPH, AGED 58, KAITHAVELIL HOUSE, MOOZHIKKATTU, KAPPADU P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. THE KANJIRAPPALLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KANJIRAPPALLY GRAMA PANCHAYAT, KANJIRAPPALLY. 2. THE HEALTH INSPECTOR, PRIMARY HEALTH INSPECTOR, VIZHICKATHODE, KALAKETTY, KANJIRAPPALLY (VIA), KOTTAYAM DISTRICT. 3. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD-KOTTAYAM, OFFICE OF THE POLLUTION CONTROL BOARD, NAGAMPADOM, KOTTAYAM. 4. ABHILASH, KOLLAMPARAMBIL, MOOZHIKKATTU, KAPPADU P.O., KANJIRAPPALLY. R1 BY ADV.V.K.SUNIL, S.C. R3 BY ADV.M.K.CHANDRAMOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26282 OF 2009 ------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT 1.Heard counsel for the petitioner, standing counsel for the first respondent as also standing counsel for the third respondent. Notice to the 4th respondent dispensed with preserving his right to move for re-hearing of this matter, if aggrieved by the order being issued hereunder. 2.The materials on record show that the grama panchayat has concluded that the 4th respondent is keeping pigs without due licence. Whether it is a large scale commercial activity or a small scale one, the facts gathered by the Health Officer reflect the ground reality that the premises is kept in unhygienic condition. The fact also remains that the 4th respondent has no licence. The materials show that more than two months ago, the panchayat had issued stop memo. Further action in terms of the Kerala Panchayat Raj Act, obtaining the enforcement of a stop memo, is the crucial part WPC.26282/09 Page numbers of exercise of the power of a panchayat. Otherwise, the issuance of a memo would itself be a negative entry in the balance sheet of the panchayat regarding performance and also expenditure because even a sheet of paper in which the stop memo is issued becomes worthless. Learned counsel for the panchayat is, therefore, right in stating that the panchayat would be duly advised for further appropriate action in terms of the Panchayat Raj Act and it had slowed down the process only because the 4th respondent had sought for some time to clear the pigs off from the site, apparently, not interested in running the establishment. Let the needful be done and the enforcement of the stop memo be made in terms of law. At the request of the learned counsel for the petitioner, it is also directed that if the 4th respondent applies for a licence, the panchayat will give the petitioner an opportunity of being heard in that regard. The writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/9.