IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17729 of 2007(I)
1. SHAJI PHILIP, PANDIYAPPILLIL,
... Petitioner
Vs
1. PALLIKKATHODU GRAMA PANCHAYATH,
... Respondent
2. THE SECRETARY, PALLIKKATHODU GRAMA
3. STATE OF KERALA, REP. BY SECRETARY,
For Petitioner :SRI.P.N.PURUSHOTHAMA KAIMAL
For Respondent :SRI.K.T.SHYAMKUMAR
The Hon'ble MR. Justice K.M.JOSEPH
Dated :13/07/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No.17729 OF 2007
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Dated this the 13th day of July, 2007
JUDGMENT
Case of the petitioner in brief is as follows:
Petitioner has started a pig farm unit in the year 2003 in the
respondent Panchayat by availing loan. No licence was required
for piggery unit at that time. But due to the undue influence of
some antisocial elements of that locality, Panchayat issued a
notice to close down the unit even though petitioner has
observed all conditions prescribed by Medical Officer and District
Medical Officer. Petitioner filed appeal against the order of
demolition of the unit. But that appeal was rejected by the
Committee. Against that order petitioner preferred revision
before the Panchayat Tribunal. Panchayat Tribunal allowed the
revision and set aside the order passed by the Panchayat.
Thereafter, respondent Panchayat passed a resolution imposing
licence for piggery farm under Dog and Pig Licence Rule and
Dangerous & Offensive Trades and Factory Rule. According to
WPC No.17729/07 2
the petitioner, notice was not published properly. Petitioner
applied for licence under Dog and Pig Licence Rule. But it was
rejected by the respondent. Petitioner’s application for licence
under Dangerous and Offensive Trades and Factory Rule was also
not considered. The intention of the Panchayat is to reject that
application and issue notice to demolish the pig farm.
Learned counsel for the Panchayat points out that petitioner
has preferred an appeal against Ext.P10 and that will be
considered on merit as it is filed in time. In such circumstances,
the writ petition is disposed of directing the first respondent to
consider the appeal preferred by the petitioner after giving an
opportunity of hearing to the petitioner and take a decision in
accordance with law within a period of three weeks from the date
of receipt of a copy of this judgment.
(K.M.JOSEPH, JUDGE)
sv.
WPC No.17729/07 3