IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 32869 of 1999(K)
1. DEVASSY
... Petitioner
Vs
1. KAIPARAMBA GRAMA PANCHAYATH
... Respondent
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent :SRI.K.MOHANA KANNAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :12/03/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No. 32869 of 1999 K
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Dated, this the 12th day of March, 2007
J U D G M E N T
This original petition is filed challenging Ext.P1 order issued
by the 1st respondent Panchayat directing the petitioners to stop
the piggery conducted by them, which caused a lot of nuisance to
neighbours. It is seen from Ext.P1 that pig shed of the
petitioners’ was inspected by the Panchayat and on inspection
they noticed that the pig shed is causing lot of nuisance to
neighbouring people, who are members of scheduled caste, and
even drinking water is polluted on account of the same.
Petitioners, vide Ext.P5, requested the Panchayat to grant time to
carry out construction and to modernize the pig farm to prevent
all kind of nuisance. This original petition is filed several years
back and if piggery is continuing, then it is for the 1st respondent
to verify whether it is carried on causing nuisance to neighbours.
Since the subsequent developments are not available and there is
no appearance on behalf of the Panchayat, I direct the 1st
respondent to conduct inspection at the piggery conducted by the
petitioners and if it is presently causing any nuisance, 1st
O.P.No. 32869/1999
-Page numbers-
respondent will forward inspection report to the RDO, who is
directed to prevent it by issuing effective orders under Sec. 133
of the Cr.P.C. It is up to the Panchayat also to take effective
steps to prevent nuisance, if any made by the petitioners’ piggery
farm.
This original petition is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg