High Court Kerala High Court

Jayakrishnan vs Kandanassery Grama Panchayath on 17 March, 2009

Kerala High Court
Jayakrishnan vs Kandanassery Grama Panchayath on 17 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4375 of 2009(U)


1. JAYAKRISHNAN,
                      ...  Petitioner
2. CHAKRAPANI PANICKER,

                        Vs



1. KANDANASSERY GRAMA PANCHAYATH,
                       ...       Respondent

2. HEALTH SUPERINTENDENT, COMMUNITY

3. KERALA STATE POLLUTION CONTROL BOARD,

4. SUB INSPECTOR OF POLICE,

5. K.F.DAVIS, KAKKASSERY HOUSE,

6. JOSAN, THEKKATH HOUSE,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  :SRI.DEEPU THANKAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/03/2009

 O R D E R
                        S. SIRI JAGAN, J.
          ------------------------------------------------
           W.P.(C)Nos.4375, 7792 & 8354 OF 2009
          -------------------------------------------------
                 Dated this the  day of March, 2009

                            JUDGMENT

The dispute in these writ petitions is in respect of a piggery

being conducted by the petitioner in W.P.(C)Nos.7792 and 8354

of 2009. W.P.(c)No.4375/09 is filed by some persons aggrieved

by the running of the piggery without a valid licence. The

petitioner in W.P.(C) Nos.7792 and 8354 of 2009 is aggrieved by

the inaction on the part of the Panchayat in considering the

application for licence submitted by the petitioner.

2. I am of opinion that without going to the merits of the

respective contentions, these writ petitions can be disposed of

directing the Panchayat to consider the application for licence

submitted by the petitioner in W.P.(C) Nos.7792 and 8354 of

2009 in accordance with law expeditiously.

In the above circumstances, the writ petition is disposed of with

the following directions:

The Panchayat shall consider the application for licence

submitted by the petitioner in W.P.(C) Nos.7792 and 8354 of

W.P.(c)no.4375/09 & con.cases. 2

2009, after affording an opportunity of being heard to the

petitioner in those writ petitions as well as the petitioners in

W.P.(C)No.4375/09 as expeditiously as possible, at any rate,

within a period of one month from the date of receipt of a copy

of this judgment. The petitioner in W.P.(C) Nos.7792 and

8354 of 2009 shall produce all required documents before the

Panchayat to enable the Panchayat to consider his application

for licence. Till then, the Panchayat, The Superintendent of

Health, Community Health Centre, Pazhanji P.O. and the

Kerala State Pollution Control Board, if necessary with the help

of the Police, shall ensure that the piggery is being conducted

in hygienic circumstances. The Pollution Control Board shall

consider and pass orders on the application submitted by the

petitioner within two weeks from today.





                                        S. SIRI JAGAN, JUDGE


Acd

W.P.(c)no.4375/09 & con.cases.    3