IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18073 of 2008(B)
1. JOHN P.VARGHESE @ VINCENT,
... Petitioner
Vs
1. UDUMBANNOOR GRAMA PANCHAYATH,
... Respondent
2. HEALTH INSPECTOR,
3. ASSISTANT ENVIRONMENTAL ENGINEER,
For Petitioner :SRI.MANSOOR.B.H.
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/06/2008
O R D E R
ANTONY DOMINIC, J.
===============
W.P.(C) Nos.18073, 18078, 18121 & 18135 OF 2008
=================================
Dated this the 17th day of June, 2008
J U D G M E N T
The challenge in these writ petitions is against Ext.P5 orders passed
by the Secretary of the 1st respondent Panchayat rejecting the applications
made by the respective Petitioners for licence for the continued conduct of
the poultry farms run by them. According to the learned counsel for the
petitioners, the reason stated in the order rejecting their applications is
only the unfounded apprehension of the ill effects of the poultry farm.
Counsel submits that the poultry farms are having necessary consent from
the Pollution Control Board, NOC by Health Inspector and also on health
card issued by the Panchayat itself.
2. In my view a decision of the claim raised by the Petitioners
certainly requires appreciation of the surrounding circumstances and also
the effect of the orders referred to above. This can be effectively done by
the Appellate Authority as provided under the Panchayat Raj Act itself.
Therefore, it is for the petitioners to pursue the matter before the
appropriate authority and with that liberty, I close the writ petitions.
3. Learned counsel for the petitioners contends that if Ext.P5
order is to be implemented immediately, their running establishments will
WPC 18073, 18078, 18121 & 18135/08
:2 :
have to be closed down. Taking into account the submissions, I direct that
further proceedings pursuant to Ext.P5 be deferred for a period of 4 weeks
from today and in the meantime, petitioners shall pursue the statutory
remedies and obtain appropriate orders including interim orders for
safeguarding their interest.
Petitioners shall produce a copy of this judgment before the
respondent Panchayat for compliance.
Writ petitions are disposed of as above.
ANTONY DOMINIC,JUDGE
Rp