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Mohammed Unis vs Chirakadavu Grama Panchayat on 18 October, 2010

Kerala High Court
Mohammed Unis vs Chirakadavu Grama Panchayat on 18 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31737 of 2010(N)


1. MOHAMMED UNIS,
                      ...  Petitioner

                        Vs



1. CHIRAKADAVU GRAMA PANCHAYAT,
                       ...       Respondent

2. A.M.MEERAMMAN,

3. A.M.ISMAIL,

4. THE SECRETARY,

                For Petitioner  :SRI.LIJI.J.VADAKEDOM

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :18/10/2010

 O R D E R
               T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.31737/2010-N
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~

           Dated this the 18th day of October, 2010

                      J U D G M E N T

The petitioner herein is aggrieved by the location of a

Poultry Farm very near to his property, according to him.

2. The details furnished in the writ petition show

that the building permit was applied by respondent Nos.2

and 3 on 11/06/2007 in a plot having an extent of 3 acres

in Survey No.104/9 of Chirakadavu Village. Ext.P3 is the

copy of the said application. Ext.P4 is the Order dated

04/06/2008 approving the lay out, issued by the Chief Town

Planner. Accordingly, the building permit was granted by

Ext.P5. The case pleaded by the petitioner is that as per

lay out plan which was approved by the Chief Town Planner,

the location of the building was to the Western side of the

property of respondent Nos.2 and 3. According to him, now

after the construction is over, it can be seen that the

location is towards the Eastern side i.e., just near the

property of the petitioner. Accordingly, the petitioner

complains that there is violation of the conditions

provided by the Chief Town Planner. Further, respondent

Nos.2 and 3 are conducting farm in a large scale and,

therefore, the petitioner and his family are suffering from

W.P.(C). No.31737/2010
-:2:-

the pollution caused by the functioning of the Poultry Farm

very near to their residential property. Ext.P8 is the

representation submitted by the petitioner before the

Panchayat. It is prayed that the Panchayat may be directed

to consider Ext.P8.

3. There will be a direction to the fourth respondent

to consider Ext.P8 after issuing notice to the petitioner

and respondent Nos.2 and 3. The same will be done after

the new Committee takes charge pursuant to the elections to

the local bodies. Appropriate decision will be taken

within a period of six weeks from the date of receipt of a

copy of this Judgment. It is made clear that I have not

expressed anything on the merits of the matter. The

petitioner will produce a copy of the writ petition along

with a copy of this Judgment before the Panchayat for

compliance. The writ petition is disposed of as above. No

costs.

(T.R. Ramachandran Nair, Judge.)

ms

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