Kerala High Court
Babu Baby vs State Of Kerala on 11 March, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 5704 OF 2019
PETITIONERS:
1 BABU BABY,
AGED 48 YEARS
S/O V.K.BABY (LATE)
VADAKUMCHERIL HOUSE, ANAPARA P.O.
THAVALAPARA, ERNAKULAM DISTRICT-683 581
2 JOSON V.ANTONY
AGED 53 YEARS
S/O ANTONY, VADAKUMCHERIL HOUSE,
MANJAPRA.P.O., ERNAKULAM DISTRICT-683 581.
BY ADVS.
SRI.ANOOP.V.NAIR
SRI.M.S.SANDEEP SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT
3 MANJAPRA GRAMA PANCHAYAT,
MANJAPRA P.O.ERNAKULAM DISTRICT,
REP. BY ITS SECRETARY-683 581
4 THE SECRETARY,
MANJAPRA GRAMA PANCHAYAT,
MANJAPRA P.O.ERNAKULAM DISTRICT-683 581
5 THE HEALTH INSPECTOR,
MANJAPRA GRAMA PANCHAYAT,
MANJAPRA P.O.ERNAKULAM DISTRICT-683 581.
WP(C) NO. 5704 OF 2019
2
6 SIBY,
S/O VAREETH, OORALI HOUSE,
MANJAPRA P.O.ERNAKULAM DISTRICT 683 581.
7 ELDHO,
S/O VAREETH, PULLANI HOUSE,
THURAVUR P.O.KALADY,
ERNAKULAM DISTRICT 683 572.
8 JOSE,
S/O THOMAS PALATTI,
KOONATHAN HOUSE, THAVALAPARA,
ANAPARA P.O., VIA MANJAPRA,
ERNAKULAM DISTRICT 683 581.
9 SATHEESAN,
CHICKEN STALL OWNER,
GENERAL MARKET, MANJAPRA GRAMA PANCHAYAT,
MANJAPRA P.O.,ERNAKULAM DISTRICT- 683 581
10 K.S.CHERIAN,
KOLATTUKUDI HOUSE, MANJAPRA P.O.
ERNAKULAM DISTRICT 683 581
11 THE MEDICAL OFFICER,
FAMILY HEALTH CENTRE,
MANJAPRA P.O., ERNAKULAM DISTRICT 683 581
12 KERALA STATE POLLUTION CONTROL BOARD,
GANDHI NAGAR, ERNAKULAM, COCHIN 682 020,
REP. BY ITS ENVIRONMENTAL ENGINEER.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SRI.P.MARTIN JOSE
SRI.V.A.JOHNSON
SRI.V.P.POULOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI. JOBY JOSEPH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5704 OF 2019
3
T.R.RAVI, J.
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WP(C) NO.5704 OF 2019
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Dated this the 11th day of March, 2022
JUDGMENT
The writ petition has been filed being aggrieved by the conduct of meat-chicken-fish stalls by respondents 6 to 10. According to the petitioner, the waste is being dumped and no measures have been taken to avoid pollution. The prayer in the writ petition is for a direction to respondents 2 to 4 and 11 and 12 to take action on the complaints filed before them and to direct respondents 6 to 10 to close down their meat-chicken-fish stalls immediately. A counter affidavit has been filed by the 3rd and 4th respondents wherein they have stated that it is proposed to construct a new shopping complex and a fish and meat market wherein such shops are to be accommodated. It is also stated that the Panchayat has not renewed the licence of the stalls run by respondents 6 to 10. The 11 th respondent has also filed a counter affidavit stating that the meat- chicken-fish stalls operating in Vadakkumbagam Junction, Manjapra do not have proper Panchayat license, Sanitation Certificate from the FHC Manjapra and there are no proper methods of waste WP(C) NO. 5704 OF 2019 4 management or provision for collecting waste water. It is stated that there is a high risk of spread of communicable deceases like Leptospirosis, Hepatitis, Dengue etc., if the market is operated in this condition. The counsel for the Pollution Control Board also submits that the respondents 6 to 10 do not have any consent to operate.
In such circumstances, the writ petition is disposed of directing the respondents 3 and 4 to close down the stalls run by respondents 6 to 10 and ensure that no activity relating to meat- chicken-fish stall is being conducted in the said stalls. The action shall be taken within ten days from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 5704 OF 2019 5 APPENDIX OF WP(C) 5704/2019 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY RENT AGREEMENT ENTERED UPON BETWEEN THE FIRST PETITIONER AND THE 2ND PETITIONER EXHIBIT P2 TRUE COPY OF PHOTOGRAPHS SHOWING THE DEPOSIT OF WASTE ARTICLES CONSISTING OF MEAT, CHICKEN AND FISH WASTE, ON THE BACK SIDE OF THE GENERAL MARKET.
EXHIBIT P3 TRUE COPY PHOTOGRAPHS SHOWING THE DEPOSIT OF WASTE ARTICLES CONSISTING OF MEAT, CHICKEN AND FISH WASTE, ON THE BACK SIDE OF THE GENERAL MARKET.
EXHIBIT P4 TRUE COPY OF PHOTOGRAPHS SHOWING THE DEPOSIT OF WASTE ARTICLES CONSISTING OF MEAT, CHICKEN AND FISH WASTE, ON THE BACK SIDE OF THE GENERAL MARKET.
EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF QUESTIONNAIRE AND ANSWER RECEIVED BY THE 2ND PETITIONER FROM THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF ORDER DATED 24.1.2019 PASSED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY ORDER ISSUED BY THE 11TH RESPONDENT TO THE 4TH RESPONDENT DATED 15.2.2019 EXHIBIT P10 TRUE COPY CERTIFICATE ISSUED BY THE SUPERINTENDENT OF TALUK HOSPITAL, ANGMALY RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE