Kerala High Court
Vinod Mohan C.K vs Thiruvananthapuram Corporation on 31 August, 2022
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 26380 OF 2021
PETITIONER:
VINOD MOHAN C.K
AGED 48 YEARS
S/O. N. KARUNAKARAN, DARSHANAM, TC. 19/2080-2,
VANIYATHU LANE, POOJAPURA P.O,
THIRUVANANTHAPURAM - 695012.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 THIRUVANANTHAPURAM CORPORATION
CORPORATION OFFICE, PALAYAM,
THIRUVANANTHAPURAM - 695033.
REPRESENTED BY ITS SECRETARY.
2 KREALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, PLAMOODU JUNCTION, PATTOM P.O,
THIRUVANANTHAPURAM - 695004.
3 DISTRICT MEDICAL OFFICER
DISTRICT MEDICAL OFFICE, GENERAL HOSPITAL,
THIRUVANANTHAPURAM - 695001.
4 ARUN KUMAR
THERIVILA VEEEDU, VANIYATHU LANE, POOJAPURA P.O,
THIRUVANANTHAPURAM - 695012.
BY ADVS.N.NANDAKUMARA MENON (SR.)
SRI. T.NAVEEN SC, KERALA PCB
HARI.S.NAIR
SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
R.B.RAJESH
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.26380/2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.26380 of 2021
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Dated this the 31st day of August, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records relating to Ext-P1 to P1(b) from the respondents 1 to 3.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to take action against the illegal functioning of the poultry and goat farm of the 4th respondent at Vaniyathu lane, Poojapura as expeditiously as possible within a time limit fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to take action to stop the illegal functioning of the poultry and goat farm of the 4th respondent at Vaniyathu lane, Poojapura.W.P.(C).No.26380/2021 3
iv. Such other reliefs which is deemed to be fit and proper to this Hon'ble Court in the facts and circumstance of the case.
(SIC)
2. Petitioner is the resident of Thiruvananthapuram Corporation. According to the petitioner, the 4th respondent is conducting a poultry farm and goat farm without obtaining any licence and consent from respondents 1 and 2. It is the case of the petitioner that the poultry farm is causing serious health issues to the petitioner and his family. Even though he approached respondents 1 to 3 to take action against the illegal conduct of the poultry and goat farm by the 4 th respondent, respondents 1 to 3 are not taking any action is the grievance of the petitioner. Hence this writ petition.
3. When this writ petition came up for consideration on 23.02.2022, this Court passed the following order:
"Admit. Respective Standing Counsel take notice for respondents 1 and 2. Learned Government Pleader takes notice for the 3rd respondent. Adv. Hari S. Nair, the learned counsel takes notice for the 4th respondent.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for W.P.(C).No.26380/2021 4 the 4th respondent.
In view of the contentions advanced, there will be an interim direction to the 4 th respondent to take appropriate steps to see that the nuisance created is immediately abated. The 2nd respondent shall conduct surprise inspection in the premises of the 4 th respondent to see whether appropriate steps for abatement of nuisance has been taken by the 4 th respondent and submit a report before this Court. The 4th respondent shall also produce the application, if any, preferred before the Secretary of the respondent Corporation and the Pollution Control Board, as contended by him."
4. Thereafter when the writ petition came up for consideration on 12.08.2022, the counsel for the 4 th respondent submitted that the poultry farm and goat farm are already closed. A counter affidavit is also filed by the 4 th respondent. Hence this Court passed an order. The order passed by this Court on 12.08.2022 reads as follows:
"It is submitted by the counsel for the 4th respondent that the poultry farm and the goat farm is already closed. The 1st respondent will depute an officer to inspect the premises and will submit a report before this Court. The report shall be placed on record W.P.(C).No.26380/2021 5 within two weeks."
5. Accordingly the officers of the 1 st respondent Corporation inspected the premises on 29.08.2022 and the Standing Counsel submitted that even now the farm is working. If the 4th respondent is conducting the farm without getting licence, respondents 1 to 3 should take necessary steps to remove the same forthwith.
Therefore, this writ petition is disposed of in the following manner:
Respondents 1 to 3 will take immediate steps to close down the poultry farm and goat farm of the 4th respondent, if the same is working without getting licence from the statutory authorities.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.26380/2021
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APPENDIX OF WP(C) 26380/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED BEFORE THE RESPONDENTS 1 TO 3 DATED 20.10.2021. Exhibit P1(a) TRUE COPY OF THE RECEIPT ISSUED ISSUED BY THE 1ST RESPONDENT DATED 20.10.2021. Exhibit P1(b) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 20.10.2021. RESPONDENTS' EXHIBITS EXHIBIT-R4 (A) - TRUE COPY OF THE NOTICE NO.THI/290/2021 DATED 16/11/2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-R4 (B) - TRUE COPY OF THE REPLY DATED 30/11/2021 SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT-R4 (C) - TRUE COPY OF THE NOTICE NO. THI/391/21 DATED 22/12/2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-R4 (D) - TRUE COPY OF THE REPLY DATED 05/01/2022 SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT-R4 (E) - TRUE COPY OF THE NOTICE NO. PCB/TVM DO/TMC/C-457/2021 DATED 02/12/2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-R4 (F) - TRUE COPY OF THE REPLY DATED 16/12/2021 SUBMITTED TO THE 2ND RESPONDENT EXHIBIT-R4 (G) - TRUE COPY OF THE NOTICE NO. PCB/TVM DO/TMC/C-457/2021 DATED 23/12/2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-R4 (H) - TRUE COPY OF THE REPLY DATED 13/01/2022 SUBMITTED TO THE 2ND RESPONDENT