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High Court of KeralaWP(C)/23692/2013closed

Poulose v. State Of Kerala

2015-02-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 23692 of 2013 (J) ---------------------------- PETITIONER:

----------- POULOSE, AGED 48 YEARS S/O.KURIAKOSE, KIZHAKKUMPARAMBIL HOUSE UPPUKANDAM KARA, AIROORPADAM, KOTHAMANGALAM TALUK ERNAKULAM DISTRICT.

BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.

2. THE CHIEF ENVIRONMENT ENGINEER POLLUTION CONTROL BOARD, PANAMPILLY NAGAR ERNAKULAM DISTRICT, KOCHI-682030.

3. KOTTAPPADI GRAMA PANCHAYATH KOTTAPPADI P.O., ERNAKULAM DISTRICT PIN-686695 REPRESENTED BY SECRETARY.

4. THE MEDICAL OFFICER PRIMARY HEALTH CENTRE, KOTTAPPADI P.O.

ERNAKULAM DISTRICT-680682.

5. ULAHANNAN S/O.ITTIYAVIRA, KAKKANAD VEEDU, UPPUKANDAM KARA AIROORPADAM, KOTHAMANGALAM TALUK, ERNAKULAM-680682. R3 BY ADV. SRI.V.A.MUHAMMED R5 BY ADV. SRI.PAUL K.VARGHESE R BY GOVERNMENT PLEADER SMT.SMITHA VINOD R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23692 of 2013 (J) APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- EXHIBIT P1: TRUE COPY OF THE SALE DEED OF THE PETITIONER'S PROPERTY SHOWING ITS NATURE AND LIE.

EXHIBIT P2: TRUE COPY OF THE COMPLAINT DATED 22.10.2012 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE COMPLAINT DATED 22.10.2012 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE COMPLAINT DATED 30.5.2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE COMPLAINT DATED 30.5.2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4(A): TRUE COPY OF THE POSTAL RECEIPT DATED 30.5.2013 SHOWING THE DUE ACCEPTANCE OF EXT.P4 BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A.V.RAMAKRISHNA PILLAI, J.

--------------------------------- W.P.(C) No.23692 of 2013 ------------------------------- Dated this the 2nd day of February, 2015.

JUDGMENT

The petitioner has approached this Court alleging that the working of the farm made by the fifth respondent is illegal and contrary to law and without getting any licence or sanction from respondents 2 to 4.

2.

The petitioner alleges that the fifth respondent started a chicken farm without the licence and without obeying the statutory regulations. According to him, the farm was created very harmful situation in the locality. He further alleges that the entire water connection system in the locality became polluted and the farm is causing severe health hazards to the people in the locality.

3.

Today when the matter came up for hearing, the learned Standing Counsel for the Kerala State Pollution Control Board submits that authorised engineer of the Board has conducted a local inspection and found that the farm run by

W.P.(C) No.23692 of 2013 -2the fifth respondent is not causing any pollution in the environment. The learned counsel for the respondent panchayat submits that the farm is working as per the licence issued by the panchayat.

In the light of the aforesaid submission, the writ petition is closed.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE Scl.