NASEEMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The case projected in this Writ Petition (Civil) broadly is as follows:- The petitioner is aggrieved by Ext.P-5 and Ext.P-6 notices issued by the 3rd respondent, which is in tune of requiring the petitioner to shut down the poultry farm, alleging pollution. It is stated that the building permits was issued by the petitioner on 20.10.2018. Thereafter the 4th respondent Pollution Control Board has issued statutory consent to the petitioner to operate the poultry farm on 17. 10.2018 . The petitioner had thereafter preferred application for obtain licence from the 3rd respondent Grama Panchayath to run the poultry farm/live stock farm on 7.1.2020. Thereafter, Ext.P5 preliminary notice dated 15.2.2020 was issued by the 3rd respondent Panchayath directing the petitioner to shut down the farm within seven days. Later, second notice as per Ext.P6 dated 17.2.2020 was issued by the respondent Grama Panchayat directing the petitioner to shut down the poultry farm within 48 hours on 17.2.2020. The petitioner would contend that Ext.P5 notice clearly grants the petitioner seven days time to shut down the poultry farm. The 3rd respondent, now in a very overhasty manner, has issued Ext.P6 notice dated 17.2.2.2020 to the petitioner requiring to shift the poultry farm within 48 hours, which is illegal and improper and which according to the petitioner warrants interdiction at the hands of this Court. It is in the light of these averments and contentions, the petitioner has filed the instant writ petition (Civil) with the following prayers Ext.P-5 notice clearly grants the petitioner 7 days' time to shift the poultry. The 3 rd respondent has, in a hasty manner issued Ext.P-6 notice to the petitioner, requiring him to shift within 48 hours. The same is illegal and warrants the interference of this Court.

(2.) In the light of these averments and contentions, the petitioner has filed the instant writ petition with the following prayers:

(3.) Heard Sri. Rajith, learned counsel appearing for the petitioner, Sri. T. Naveen, learned Standing Counsel for the Kerala State Pollution Control Board appearing for R4 and Sri. Jestin Mathew, learned Government Pleader appearing for R1 and R5. In the nature of the orders proposed to be passed in this petition, notice to R2 and R3 (Edakkara Grama Panchayath) will stand dispensed with.