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
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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.)
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