Kerala High Court
Suma John vs Mulamkunnathukavu Grama Panchayat on 13 November, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.26295 OF 2019(J)
PETITIONER/S:
1 SUMA JOHN
AGED 46 YEARS
W/O JOHN, CHAKKALKUZHIYIL HOUSE, KURICHIKKARA
P.O., THRISSUR DISTRICT.
2 MINI SHAJI
AGED 40 YEARS
W/O. SHAJI, MARIPURATH HOUSE, KURICHIKKARA,
THRISSUR DISTRICT.
3 JEMINA BENNY
AGED 47 YEARS
W/O. BENNY, KUTTIANKAL HOSUE, KURICHIKKARA P.O.,
THRISSUR DISTRICT.
BY ADVS.
SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA.S.BABU
SRI.R.N.SANDEEP
RESPONDENT/S:
1 MULAMKUNNATHUKAVU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU,
THRISSUR-680 581.
2 SECRETARY
MULAMKUNNATHUKAVU GRAMA PANCYHAYAT,
MULAMKUNNATHUKAVU, THRISSUR-680 581.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, THRISSUR-680 001.
4 JOLLY JOHN
MARANGATTUTHODIYIL HOSUE, KONGANPARA, KURICHIKKARA
P.O., THRISSUR DISTRICT-680 028.
WP(C).No.26295 OF 2019(J)
2
5 WILSON
MARIPURATH HOUSE, KONGANPARA, KURICHIKKARA P.O.,
THRISSUR DISTRICT-680 028.
6 RAJU
ANANILAYIL HOUSE, KONGANPARA, KURICHIKKARA P.O.,
THRISSUR DISTRICT-680 028.
7 T.N.SASIDHARAN
THAZHATHU HOUSE, KONGANPARA, MATTAMPURAM,
KURICHIKKARA P.O., THRISSUR DISTRICT-680 028.
R1-2 BY ADV. SRI.SHEEJO CHACKO
R1-2 BY ADV. SMT.LAYA SIMON
R5 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R6 BY ADV. SRI.J.JULIAN XAVIER
R6 BY ADV. SRI.FIROZ K.ROBIN
R7 BY ADV. SRI.K.S.RAJESH
R7 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN
OTHER PRESENT:
SC FOR PCB ADV.T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26295 OF 2019(J)
3
JUDGMENT
The petitioners have approached this Court complaining that respondents 5 to 7 are operating unlicensed and unauthorised Pig Farms/Piggery in their respective properties and they, therefore, pray that the same be directed to be shutdown by the second respondent-Secretary of Mulamkunnathukavu Grama Panchayat.
2. In response, Sri.G.Sreekumar Chelur, learned counsel appearing for respondent No.5 submitted that his client has already applied for a Consent to Operate from the Pollution Control Board, as also for a Trade Licence from the Panchayat and that since the Panchayat has yet not responded, his client is entitled to operate the Pig Farms/Piggery on the strength of a deemed licence; and thus prays that this writ petition be dismissed as against his client.
3. The learned counsel appearing for respondents 6 and 7 submits that their clients have already applied for the necessary consents and licences, but asserts that they have been operating their Pig Farms/Piggery for the last several years without the Panchayat having insisted on a Pollution Control Board clearance. WP(C).No.26295 OF 2019(J) 4 They say that their clients were operating the farms in the past on the strength of valid Trade licences, but that the Panchayat has now refused to renew the same, asking them to obtain necessary clearances from the Pollution Control Board. They, therefore, pray that their clients be allowed to continue their operations until the Pollution Control Board and the Panchayat take a final decision on their applications.
4. The learned Standing Counsel for the Pollution Control Board, Sri.T.Naveen, submits that among the party respondents, respondents 4 and 5 have applied for consents to establish; while respondents 6 and 7 have not done so. He adds that the 7 th respondent had a Consent to Operate which was valid until 30.06.2016 but that the same has now long expired.
5. The learned Standing Counsel for Mulamkunnathukavu Grama Panchayath-Sri.Sheejo Chacko, confirms that no Trade Licence has been issued to any of the party respondents as of now; and prays that, therefore, this Court may issue appropriate orders directing the said respondents to close down their activities, particularly because the Panchayat had already issued Exts.P4 to P7 stop memos.
6. When I consider the aforesaid submissions, it becomes WP(C).No.26295 OF 2019(J) 5 ineluctable that, as of now, none of the party respondents have a valid Consent to Operate or Trade Licence to run their Pig Farms/Piggery. It may be true that some of them had a Consent to Operate in the past and that they had been operating on the strength of valid licences but, as matters now stand, such permissions and consents are not alive any more.
7. Obviously, therefore, they cannot continue to operate the Pig Farms/Piggery in contravention of the applicable provisions of law; and I am thus of the firm view that their activities will necessarily require to be shut down pursuant to Exts.P4 to P7 stop memos.
8. When I say this, I am not oblivious to the submissions of Sri.Sreekumar Chelur that his client must be allowed to operate on the strength of a deemed licence. I cannot find favour with this submission because, concededly, the application made by the 5th respondent before the Panchayat for a Trade Licence was without the support of a Consent to Operate from the Pollution Control Board and therefore, I can only find the said application to be incomplete and incompetent. Going by the law which is now well established, it is only if an application is made legally and completely before the competent Authority, can an applicant WP(C).No.26295 OF 2019(J) 6 seek the benefit of a deemed licence.
Resultantly, I order this writ petition and direct the second respondent to immediately take steps to shut down the Pig Farms/Piggery being operated by respondents 4 to 7, pursuant to Exts.P3 to P7 stop memos and he will be at liberty to requisition the assistance of the Station House Officer of the local Police Station for such purpose. The said respondent shall also ensure that the animals now in the Farms are removed scientifically and properly as per law, if respondents 4 to 7 are not doing so, within a period of two weeks from the date of receipt of a copy of this judgment.
Needless to say, respondents 4 to 7 are at full liberty to pursue their applications before the Pollution Control Board as well as before the Panchayat in terms of law; and I clarify that the observations in this judgment will not trammel them in doing so, in any manner.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
rkj JUDGE
WP(C).No.26295 OF 2019(J)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 19.9.18
SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 13.8.18
SUBMITTED BEFORE THE MEDICAL OFFICER,
PRIMARY HEALTH CENTRE, POOMALA.
EXHIBIT P3 TRUE COPY OF LETTER DATED 14.8.18 ISSUED BY
THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, POOMALA.
EXHIBIT P4 TRUE COPY OF NOTICE DATED 10.4.19 ISSUED BY THE 2ND RESPONDENT TO 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 10.4.19 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED NOTICE 10.4.19 ISSUED BY THE 2ND RESPONDENT TO 6TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF NOTICE DATED 8.7.19 ISSUED BY THE 2ND RESPONDENT TO THE 7TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF APPLICATION SUBMITTED BY THE 2ND PETITIONER UNDER RTI ACT DATED 26.6.19. EXHIBIT P9 TRUE COPY OF REPLY OBTAINED UNDER THE RTI ACT FROM THE IST RESPONDENT PANCHAYAT DATED 8.7.19.