Biju Sebastian vs Aliparambu Grama Panchayath on 19 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22153 of 2007(K)


1. BIJU SEBASTIAN, S/O. DEVASSIYA,
                      ...  Petitioner

                        Vs



1. ALIPARAMBU GRAMA PANCHAYATH,
                       ...       Respondent

2. THE MEDICAL OFFICER,

3. THE ENVIRONMENTAL ENGINEER,

4. TAHSILDAR, TALUK OFFICE,

                For Petitioner  :SRI.DILIP MOHAN

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :19/09/2007

 O R D E R
                        PIUS C. KURIAKOSE, J.
                    ----------------------------------
                     W.P.(C) NO. 22153 of 2007
                    ----------------------------------
            Dated this the 19th day of September , 2007

                              JUDGMENT

The petitioner’s grievance is that a stop memo has been

issued to him by the Panchayat directing immediate stoppage of the

piggery unit, which is being conducted by him within the area of the

first respondent Panchayat. The petitioner submitted Ext.P8

representation before the 4th respondent- Tahsildar raising objections

to Ext.P7 and requesting that the Tahsildar may take appropriate

action on Ext.P7. As rightly pointed out by the learned Government

Pleader, the Tahsildar will not have any jurisdiction over the matter.

It is for the Panchayat to take a decision on the petitioner’s application

for license (Ext.P6). But the Panchayat will not be justified in

considering Ext.P6 application favourably unless the petitioner is able

to convince the Panchayat that the piggery unit is being conducted in a

hygienic manner and in compliance with all the directions issued to the

petitioner by the Pollution Control Board. The learned Standing

Counsel for the Pollution Control Board submits that the petitioner is

yet to comply with the directions issued to him. The learned counsel

for the petitioner submits that the petitioner will be able to comply

WPC No.22153/2007 2

with all the directions of the Pollution Control Board within one month

month.

2. Under the above circumstances, I dispose of the writ petition

issuing the following directions:

The petitioner can comply with all the directions issued to him by

the Pollution Control Board within one month from today. The 3rd

respondent – Environmental Engineer of the Pollution Control Board

will conduct an inspection of the piggery unit of the petitioner with

notice to the petitioner, the Secretary of the Panchayat and also to

Sri. Darmapalan, who filed complaint before the Pollution Control

Board. On the basis of such inspection, the 3rd respondent will submit

a report to the first respondent as to whether the directions issued by

the 3rd respondent have been complied with by the petitioner. On

receiving such report, the Panchayat will take up Ext.P6, hear the

petitioner and Sri.Darmapalan and take a decision on Ext.P6. The

respondents will ensure that the directions enumerated above are

complied with fully within two months of receiving a copy of this

judgment.

PIUS C. KURIAKOSE,
JUDGE.

Dpk

WPC No.22153/2007 3