Document Fragment View
Fragment Information
Showing contexts for: paramathi in Kodanthur Village Panchayat vs M/S.Supreme Poultry Private on 16 September, 2011Matching Fragments
P.JYOTHIMANI,J Since all the writ appeals are relating to the same issue all of them were heard together and the common judgment is passed.
2.While W.A.(MD)Nos.885 of 2010 and W.A.(MD)No.238 of 2011 are filed against the order of the learned single Judge, dated 28.07.2010 passed in W.P.(MD)No.8812 of 2010 by the Kodanthur Village Panchayat through its Vice President Aravakurichi Taluk, Karur District who was a third party in the writ petition and the second respondent(s) in the writ petition namely, the Commissioner, Karur Paramathi Panchaayt Union and the Chairman, Karur Paramathi Panchayat Union respectively, W.A.(MD)Nos.14, 15 and 97 of 2011 have been filed against the order of the learned single Judge, dated 03.12.2010 passed in W.P.(MD)Nos.12948 and 13105 of 2010 by the writ petitioner and by the President of Kodanthur Village Panchayat, Aravakurichi Taluk, Karur District.
6.As per the proceedings of the President of the Village Panchayat, the second respondent in W.A.(MD)Nos.14 and 15 of 2011, dated 05.04.2010, building permission was granted in respect of S.F.No.696 in favour of the said appellant company valid from 05.04.2010 to 04.04.2011. It is stated that Karur Paramathi Panchayat Union Council has also resolved on 16.04.2010 to issue no objection for staring poultry farm and feed mill in S.No.691, 679/A-2, 696/1, 696/2, 693/3, 696/4, 698/1, 697/1, 865/1, 859/1, 862/2, 355/1, 718/A, 717/1, 505, 706, 707, 708/2, 719, 718/1B, 704 and 705. The Commissioner of Karur Paramathi Panchayat Union who is the second respondent in W.A.(MD)No.885 of 2010 and the first appellant in W.A.(MD)No.238 of 2011 has passed the consequential order, dated 28.04.2010 granting permission to run the poultry farm and feed mill subject to various conditions mentioned therein. It is stated that the Deputy Director, Public Health and Family Welfare, Karur has granted permission to the company for installation of electronic motor apart from no objection certificate issued by the Fire Department. It is stated that the said company has paid various amounts to the Karur Paramathi Panchayat Union Council apart from various other authorities. It appears that at that stage, the residents of Udayampalayam, Natchipalayam, Kariamapudur, Vettupalayam, karukkampalayam and Mudaligoundanpudur hamlets of Kodanthur village have filed a suit in O.S.No.225 of 2010 on the file of the District Munsif Court, Karur for a declaration that the erection and running of poultry farm in the said survey number by the above said company as an objectionable and actionable nuisance to the inhabitants of the area and also for a permanent injunction. It was thereafter, Karur Paramathi Panchayat Union has passed a resolution on 01.07.2010 cancelling the earlier resolution, dated 16.04.2010 on the ground of public health and to prevent pollution as requested by the public by way of representation and as per the request of the members of the panchayat union council. Consequent to the same, the Commissioner of Karur Paramathi Panchayat Union, by his order dated 05.07.2010 has communicated the company cancelling his earlier order of permission, dated 28.04.2010.
9.It is as against the said order of the learned single Judge, the Vice President of the Kodanthur Village Panchayat which is a third party in the writ petition and the respondents in the said writ petition namely, Commissioner, Karur Paramathi Panchayat Union and the Chairman, Karur Paramathi Panchayat Union have filed W.A.(MD)Nos.885 of 2010 and 238 of 2011 respectively, on the ground that the village panchayat and the panchayat union are having statutory responsibility of maintaining health and livelihood of inhabitants of the village and even if the impugned order is in violation of principles of natural justice it ought to have been remanded the issue for fresh orders; that creation of such massive poultry farm will have direct impact on the living condition of the people who are living in the hamlets; that in spite of the consent order obtained from the Pollution Control Board, it is open to the village panchayat and panchayat union to grant licence or approval for establishment or reject the same based on the local conditions; that the power to grant approval includes the power to cancel; that the right of the company to carry on business under Article 19 of the Constitution is subject to reasonable restrictions and that the earlier permission given by the President of the Kodanthur Village Panchayat to the company, in his proceedings, dated 05.04.2010 is without the support of any resolution passed by the panchayat apart from other grounds.
iii)The writ appeals No.885 of 2011 and 238 of 2011 stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
sms To The Commissioner, Karur Paramathi Panchayat Union, Aravakurichi Taluk, Karur District.
5.The Chairman, Karur Paramathi Panchayat Union, Karur Paramathi.
The President, Kodanthur Village Panchayat, Aravakurichi Taluk, Karur District The District Collector-cum-
Inspector of Panchayats, Karur District, Karur.