Kerala High Court
Santhosh.M.N vs The Distrct Collector on 31 October, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
WP(C).No.27545 OF 2019(P)
PETITIONER/S:
1 SANTHOSH.M.N, AGED 32 YEARS
MAVELIYIL HOUSE, ENTHUMKARI,
ANGADIKKADAVU P.O. KANNUR DISTRICT 670 706.
2 SIJOMON GEORGE, MAROTTIKKAL HOUSE,
URUPPUMKUTTY, ANGADIKKADAVU P.O.
KANNUR DISTRICT. 670 706.
BY ADV. SRI.GEORGE MECHERIL
RESPONDENT/S:
1 THE DISTRCT COLLECTOR
CIVIL STATION P.O. KANNUR 670 002.
2 THE TAHSILDAR,
IRITTY P.O. KANNUR DISTRICT.
3 THE DEPUTY DIRECTOR OF PANCHAYAT,
KANNUR 670 001.
4 THE ENVIROMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, KANNUR.
5 THE SECRETARY, AYYAMKUNNU GRAMA PANCHAYAT,
ANGADIKKADAVU P.O. KANNUR DISTRICT, 670 706.
6 THE HEALTH INSPECTOR, AYYANKUNNU GRAMA PANCHAYAT,
ANGADIKKADAVU P.O. KANNUR DISTRICT 670 706.
7 BINOY MANTHOTTATHIL, CHARAL P.O. VANIYAPPPARAN,
KANNUR DISTRICT 670 706.
8 BABU, KALATHIL HOUSE, URUPPUMKUTTY, ANGADIKKADAVU
P.O. KANNUR DISTRICT, 670 706.
WPC 27545/19
2
9 ROJAS SEBASTIAN, CHEMPOTHANADIYIL HOUSE,
MUNDAYAMPARAMBA P.O. EDOOR,
KANANNUR DISTRICT 670 704.
10 XAVIER, MUTTATHIL HOUSE, URUPPUMKUTTY,
ANGADIKKADAVU P.O. KANNUR DISTRICT 670 706.
R7-8 BY ADV. SRI.A.ARUNKUMAR
R9 BY ADV. SRI.SATHEESHAN ALAKKADAN
R9 BY ADV. SRI.S.SHYAM KUMAR
R10 BY ADV. SRI.P.U.SHAILAJAN
SRI.PHIJO PRADEESH, SC,
SRI. MANURAJ K.J, GP
SRI.T.NAVEEN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 27545/19
3
JUDGMENT
The petitioners have approached this Court alleging that respondents 7 to 10 are running Pig Farms/piggery in their respective properties, which are adjoining their residential houses, without any licence and consents being obtained from the competent Authorities, including the Ayyamkunnu Grama Panchayath.
2. According to the petitioners, even though none of the necessary licences or consents have been obtained by the party respondents, they are, with impunity, running the Pig Farms/piggery; and therefore, prays that the concerned Authorities be directed to immediately stop this, since it is causing and will cause horrendous pollution and health hazard.
3. The learned Standing Counsel for the Pollution Control Board submits that even WPC 27545/19 4 though some of the party respondents have made applications for renewal of their Consents to Operate, the same has either not been considered or rejected for valid reasons. He says, therefore, that as matters now stand, none of the party respondents, namely respondents 7 to 10, have any Consent to Operate issued by the Pollution Control Board.
4. Sri.Fijo Philip-learned Standing Counsel for the Panchayath-submits that since the Pollution Control Board is yet to issue renewal of Consent to Operate to respondents 7 to 10, the Panchayath has not taken any decision on their application for Trade Licence as of now. He adds that the Panchayath is willing to adhere to any directions that may be issued by this Court.
5. The various learned counsel appearing for the party respondents assert that their clients were earlier operating their Pig WPC 27545/19 5 Farms/piggery on the basis of valid licences; but concede that their Consents to Operate, earlier obtained from the Pollution Control Board, have not yet been renewed, alleging that this is only because of the illegal influence brought upon the said Board by the petitioners. They, therefore, pray that they be allowed to operate until such time as the Pollution Control Board considers their applications for renewal of Consent to Operate and until such time as the Trade Licences are issued by the Panchayath.
6. When I hear the learned counsel for the various parties as afore, it is without doubt that the law prohibits the running of Pig Farms/piggery except under the strength of valid licences/permissions. In this case, it is clear that none of the party respondents have obtained renewal of their Consent to Operate from the Pollution Control Board and WPC 27545/19 6 consequently, the Panchayath has not renewed their Trade Licences as of now. Obviously, therefore, they cannot continue to operate or run their Pig Farms/piggery and any continuation of the same will be a breach of law which this Court cannot approve.
Resultantly, I order this writ petition and direct the 5th respondent-Secretary of the Grama Panchayath to ensure that respondents 7 to 10 do not operate their Pig Farms/piggery until such time as they are able to obtain necessary Consent to Operate from the Pollution Control Board and Trade Licences from the Panchayath.
I further notice that the challenge in this Writ Petition is also against Ext.P8, which is an order issued by the District Collector granting three months exemption to respondents 7 to 10 to operate their Pig Farm even without licence. I fail to understand how this Authority could have issued this order, WPC 27545/19 7 particularly when it is contrary to the applicable Statutes and Rules. I, therefore, set aside the said order.
That said, I make it clear that my directions herein do not, in any manner, impede or stand in the way of respondents 7 to 10 applying appropriately for renewal of their Consents to Operate or their Trade Licences before the competent Authorities and if such applications have been made and are pending, it will be up to the competent Authorities to decide the matter in terms of law, but after affording an opportunity of being heard to the petitioners also.
Sd/-
DEVAN RAMACHANDRAN RR JUDGE WPC 27545/19 8 APPENDIX OF WP(C) 27545/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPORT SUBMITTED BY THE HEALTH INSPECTOR BEFORE THE PANCHAYAT PRESIDENT AND SECRETARY ON 16/8/2019.
EXHIBIT P2 TRUE COPY OF THE STOP MEMO ISSUED TO THE 7TH RESPONDENT ON 16/8/2019. EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED TO THE 8TH RESPONDENT ON 16/8/2019. EXHIBIT P4 TRUE COPY OF THE STOP MEMO ISSUED TO THE 9TH RESPONDENT ON 16/8/2019. EXHIBIT P5 TRUE COPY OF THE STOP MEMO ISSUED TO THE 10TH RESPONDENT ON 16/8/2019. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4/9/2019 ISSUED TO THE 9TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 4/9/2019 ISSUED TO THE 10TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE DEPUTY COLLECTOR (GENERAL), ON 27/8/2019. EXHIBIT P9 TRUE COPY OF THE INFORMATION FURNISHED BY THE PUBLIC INFORMATION OFFICER ON 05.09.2019 WPC 27545/19 9