M.A.MUHAMMED MUSTHAFA Vs. NOOLPUZHA GRAMA PANCHAYATH

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows :

(2.) Heard Sri.M.P.Ashok Kumar, learned counsel appearing for the petitioners and Sri.Manoj Ramaswamy, learned counsel appearing for the respondents (Noolpuzha Grama Panchayath).

(3.) The case of the petitioners is that they are husband and wife and that the landed property in question is owned by the 1 st petitioner, in which earlier there was a building in the property, which was duly numbered by the respondent-Panchayath and due to non-use and old age, the said building had dilapidated and fallen down. That later, the 1st petitioner had leased out the said property in favour of the 2 nd petitioner on the basis of a written agreement for conduct of a poultry farm. Accordingly, the 2nd petitioner had put up a temporary poultry farm in the said land using bamboo sticks and after obtaining necessary permission from the State Pollution Control Board, the 2 nd respondent has been conducting a poultry farm thereon. That the said property is situated in an isolated area and it does not cause any nuisance or difficulties to anyone. Now the petitioners are confronted with Ext.P-6 notice dated 21.07.2020 issued by the 2nd respondent-Secretary of the Grama Panchayath directing the 1st petitioner to close down the said poultry farm on the ground that the 1st petitioner has not so far secured license to conduct the said poultry farm.