High Court Kerala High Court

Ezhupunna Grama Panchayat vs K.P.Renadevan on 16 March, 2010

Kerala High Court
Ezhupunna Grama Panchayat vs K.P.Renadevan on 16 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 474 of 2010()


1. EZHUPUNNA GRAMA PANCHAYAT
                      ...  Petitioner
2. THE SECRETARY

                        Vs



1. K.P.RENADEVAN, REJIN NIVAS
                       ...       Respondent

2. THE PRESIDENT

3. THE DEPUTY SUPERINTENDENT OF POLICE

4. THE SUB INSPECTOR OF POLICE

5. MR.SUKUMARAN, THACHAVEETTILKALA

6. MR.JEEVAN, PUTHENVELIL

7. MANOJ, PEREPARAMBU

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :16/03/2010

 O R D E R
                            P.R. RAMAN Ag. CJ &
                   C.N. RAMACHANDRAN NAIR, J.
                = = = = = = = = = = = = = = = = = = = =
                             W.A. 474 OF 2010
                       = = = = = = = = = = = = = =
         DATED THIS, THE 16TH DAY OF MARCH, 2010.

                             J U D G M E N T

Raman, Ag. CJ.

This is an appeal against the judgment of the learned Single

Judge, rendered in W.P.(C) 33311 of 2009, on 15.1.2010. The first

respondent herein was the writ petitioner who approached this Court

for a direction to the first respondent to quash the decision taken by the

first respondent said to have been taken on 12.11.2009 and to restitute

the pig farm as it stood on that day and further to pay a sum of Rs.

10,00,000/- as compensation.

2. The first respondent was conducting a piggery in his

property, based on licence issued by the Panchayat and after obtaining

NOC from the District Medical Officer and consent letter issued by the

Pollution Control Board. In 2007 when the licence became due for

renewal, at the instance of Respondents 6 to 8, the renewal was granted

up to 31.3.2010, on condition that he should produce consent letter of

the Pollution Control Board for the period subsequent to 1.7.2009.

WA 474/2010 2

But at the instance of Respondents 6 to 8, the Environmental Engineer again

refused to grant consent to operate the farm as per Ext.P2 on the ground that

the first respondent did not provide satisfactory facilities for treatment of

polluted effluents and was causing nuisance to the public by way of sound

pollution. He challenged the said order by filing a statutory appeal before

the appellate authority, which is still pending. Whole so, the Panchayat

issued Ext.P4 notice to the first respondent to show cause why in the light

of Ext.P2 order, licence shall not be cancelled. He was given 14 days time

to submit his explanation. Though he received the said show cause notice

only on 31.10.2009 and before the expiry of 14 days time to submit the

explanation, a resolution was passed by the Panchayat on 12.11.2009

resolving to cancel Ext.P1 licence and on the very same day, the authorities

came to the piggery in the absence of the first respondent and removed five

pigs without giving any notice. It is further submitted that the remaining 44

pigs were also removed on 13.11.2009 and were transported to the Meat

Products of India and realised a sum of Rs. 1,73,520/-. As against the

order cancelling the licence, the first respondent preferred a statutory appeal

before the Tribunal for Local Self Government Institutions. Inter alia

WA 474/2010 3

contending that as a result of the highhanded act of the Panchayat in

removing the pigs and selling the same while statutory appeals are pending,

he has caused damages to the tune of Rs. 10 lakhs and claiming such

damages, he preferred the writ petition.

3. It is stated by the learned counsel for the first respondent that the

Tribunal eventually allowed the appeal cancelling the decision taken by the

Panchayat, by order dated 10.2.2010, after disposal of the writ petition.

The facts being as stated above, the contentions raised in the appeal are

devoid of any merit. The fact remains that the first respondent had, in fact

submitted his reply and the only reason stated for cancelling the licence is

because of the objection raised by the Engineer of the Pollution Control

Board and non renewal of the consent. At any rate, the very decision of

the Panchayat has since been set aside by the Tribunal, the direction as

issued by the learned Single Judge to refund the amount realised after the

sale of the pigs cannot be faulted. We find no merit in this appeal.

Accordingly, it is dismissed.

4. Learned Senior counsel appearing on behalf of the Panchayat,

however, submitted that the cost awarded is on a higher side. We heard

WA 474/2010 4

both sides. In case the amount of Rs.1,73,520/- is paid within a weeks time,

the cost will stand reduced to Rs. 15,000/- from Rs. 25,000/-. Since the

Panchayat owes the responsibility of the entire action, liability fastened on

the Secretary personally will stand deleted.

P.R. RAMAN,
(Ag. CHIEF JUSTICE)

C.N. RAMACHANDRAN NAIR,
(JUDGE).

knc/-