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High Court of KeralaWP(C)/17633/2015disposed of

Ammini v. The Secretary, Nooranad Grama Panchayath

2015-06-224 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WP(C).No. 17633 of 2015 (D) --------------------------------------- PETITIONER(S):

---------------------- AMMINI, AGED 52 YEARS, W/O.LATE RAVINDRAN NAIR, ILLATHAYYATH HOUSE, ATTUVA MURI, NOORNAD VILLAGE, ALAPPUZHA.

BY ADV. SRI.MANU ROY RESPONDENT(S):

-------------------------

1. THE SECRETARY, NOORANAD GRAMA PANCHAYATH, PADANILAM PO, ALAPPUZHA-690529.

2. SURESHKUMAR, S/O.JANARDHANAN PILLAI, AGED 38 YEARS, SURESH BHAVANAM, ATTUVA MURI, NOORNAD VILLAGE ALAPPUZHA-690504.

3. KERALA STATE POLLUTIN CONTROL BOARD, THIRUVANANTHAPURAM 695 001, REP. BY ITS SECRETARY. R3 BY SRI. M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 17633 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF MEDICAL CERTIFICATE DATED 5.6.2015 P2TRUE COPY OF THE REPRESENTATION DATED 22.5.2015 P3TRUE COPY OF RECEIPT DATED 22.6.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.V.ASHA, J.

----------------------------------------------------- W.P(c) No.17633 of 2015-D ---------------------------------------------------- Dated this the 22nd day of June, 2015

JUDGMENT

The petitioner is aggrieved by the proposed poultry farm to be started by the 2nd respondent, which is likely to cause nuisance and health hazards. She has submitted Ext.P2 representation before the Panchayat.

2.

I heard the learned counsel appearing for the Pollution Control Board, who submitted that though the 2nd respondent had submitted an application for their consent, it was closed since the 2nd respondent did not remit renewal fee and informed the 3rd respondent that he does not pursue the application for consent.

3.

Since the petitioner has already approached the Grama Panchayat by Ext.P2 representation, there shall be a direction to the 1st respondent to consider and pass orders on the same with notice to the 2nd respondent and all other affected parties within a period of two months or before issuing license to

W.P(c) No.17633 of 2015-D the 2nd respondent for starting the poultry farm. The Writ Petition is disposed of accordingly. Sd/- (P.V.ASHA, JUDGE) rtr/