IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17280 of 2006(F)
1. SIJO MATHEW, S/O.MATHEW,
... Petitioner
Vs
1. THE SPECIAL GRADE SECRETARY,
... Respondent
2. ULICKAL GRAMA PANCHAYATH,
3. STATE OF KERALA,
4. DEPUTY DIRECTOR OF PANCHAYATH,
5. THE HEALTH INSPECTOR,
For Petitioner :SRI.R.SURENDRAN
For Respondent :SRI.CIBI THOMAS
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :03/03/2009
O R D E R
HARUN-UL-RASHID,J.
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W.P.(C).NO.17280 OF 2006
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DATED THIS THE 3RD DAY OF MARCH, 2009
JUDGMENT
Petitioner is residing in the property having an extent of
5 acres and 50 cents. Petitioner submitted that he is running a pig
farm situated in the property, that there is a bio-gas plant installed
near the pig farm, that the waste from the farm is an input and that
he is getting sufficient quantity of bio-gas for cooking purposes.
There are 11 cages in which the pigs are kept in the farm having
sheet roof and side mesh which are made for protection from sun,
rain, intruding animals and birds. Petitioner also installed a sealed
waste disposal pit for disposal of other waste. According to the
petitioner, there is enough source of water for cleaning the cages
and premises. Therefore, the running of the pig farm is not causing
any nuisance to the people residing in the locality.
2. Petitioner applied for grant of licence under the Kerala
Panchayat Raj (Licensing of pigs and dogs) Rules, 1998. Ext.P1 is
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the application for licence. Ext.P2 is the certificate issued by the
Veterinary Surgeon. Ext.P3 is a notice issued by the Panchayat
directing the petitioner to stop the functioning of the farm. The
same was issued based on the complaints filed by some persons
in the locality, who are in inimical terms with the petitioner,
according to him. The petitioner submitted that in respect of
Ext.P4 reply, the Panchayat again issued notice dated 3-4-2006
and insisted that the consent of people residing within 100 metres
of the farm is required to be obtained. Ext.P5 is the
communication received by the petitioner. In Ext.P5 it is stated
that the petitioner shall obtain instructions of the Veterinary
Doctor and Health Inspector and also to get consent from the
people residing within the radius of 100 metres. Again the
Panchayat issued Ext.P7 notice stating that the conditions
stipulated by the Panchayat is not followed. Ext.P11 is another
communication received from the Pachayat, which also stipulates
more or less the same conditions stipulated in Ext.P5. According
to the petitioner, the conditions contained in Exts.P4 and P5
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cannot be imposed on him, as they are not reasonable restrictions
for the running of the pig farm. According to the petitioner, he
had satisfied all the conditions stated in Ext.P11, except the
condition regarding obtaining of consent and that the Panchayat
cannot legally prescribe conditions as stated in Exts.P10 and P11
over and above the conditions stipulated in the rules.
3. This writ petition is filed seeking to quash Exts.P7,
P11 and the conditions contained in Ext.P10 and for a direction
to the lst respondent to issue a licence for running the existing
farm in the property. In Ext.P10 decision of the Board Meeting,
there is no condition that the licensee shall obtain consent of
neighbours residing within the radius of 100 metres. In Ext.P10
the conditions stipulated are the Health Inspector’s Certificate,
the applicant shall maintain the cage need and tidy, install a pit
for disposal of waste and to fix time for catering the pigs. In
Ext.R1(b) a further condition was stipulated stating that the
consent of the neighbours is necessary.
4. By interim order dated 16/1/2008 this Court directed
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the petitioner to cure all the defects and to maintain the pig farm
pollution free. This Court issued further direction to the Kerala
State Pollution Control Board to conduct an inspection with
notice to the petitioner and additional respondents 6 to 9 and to
file a report to this Court. Pursuant to the interim order passed by
this Court, the Pollution Control Board reported that collection
shed for food waste has been built, that bio-gas plant is not
maintained properly and the slurry was not property treated. This
was noted on the date of inspection, i.e. 21/4/2008. Again the
unit was inspected on 29/5/2008 and found that the unit has not
complied with the directions given by the Board and that foul
smell spread in the premises and the pig farm is not maintained
hygienically.
5. In the counter affidavit filed by the Panchayat it is
contended that few families are residing within 100 meters of the
farm, that the petitioner is running the pig farm in violation of the
conditions of licence and that the petitioner is not entitled to run
the pig farm without a valid licence. Learned counsel for
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respondents 6 to 9 submitted that the running of the farm is
causing nuisance to the public. According to the counsel, the 6th
respondent is residing 80 meters away, 7th respondent is residing
87 meters away, 8th respondent 94.5 meters away and the 9th
respondent 185.5 meters away from the pig farm. From the
submission made by the learned counsel for respondents 6 to 9 it
is very clear that these persons are residing at a good distance
from the pig farm. If the petitioner complies with the directions
issued by the Panchayat in the matter of maintenance of the pig
farm in healthy conditions, there may not arise any problems to
any persons, who are the residents in the locality. I have also
noted that the pig farm is situated in the property having an
extent of 5 acres and 50 cents. Respondents 6 to 9 are residing at
a distance of more than 80 meters from the property. So the
complaint regarding the nuisance caused to them by running of
the pig farm may not be so serious as alleged in their counter
affidavit. Inspection of the pig farm by the Veterinary Doctor and
Health Inspector and to carry out their instructions are must and
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the petitioner shall follow such instructions. The petitioner shall
also maintain the pig farm neat and tidy and shall comply with
the other conditions issued by the Panchayat on health grounds.
If the petitioner abide by the conditions issued by the Panchayat
from time to time, the Secretary of the Panchayat shall conduct
an inspection of the pig farm, after issuing notice to the petitioner
and if he satisfies that the pig farm is maintained properly, he
shall issue licence without insisting the distance condition under
the rules. In order to ascertain whether the pig farm is maintained
properly, periodical inspection shall be conducted by the
Secretary of the Panchayat.
Writ Petition is disposed of as above.
HARUN-UL-RASHID,
Judge.
kcv.