ABY Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions relate to running of a Kennel Farm in Mazhuvannur Grama Panchayat. The petitioners in W.P.(C) No.6461/2021 are aggrieved by the running of the Kennel Farm without adhering to statutory requirements and the petitioner in W.P.(C) No.18072/2021 is aggrieved by the non-consideration of his application for regularisation by the Panchayat authorities. The parties and exhibits are referred to in this judgment as they are arrayed/marked in W.P.(C) No.6461/2021, unless otherwise specified.

(2.) In W.P.(C) No.6461/2021, the petitioners state that they are residents of Ward No.XII of Mazhuvannoor Grama Panchayat and are residing near the Kennel Farm of the 4th respondent. The 4th respondent's property is of less than 30 Cents. The 4th respondent started a Kennel Farm in his property with four or five dogs and the pack is now increased in number. The Kennel Farm is run without obtaining any consent from the Pollution Control Board or licence from the Panchayat. There are more than 50 dogs in the Farm now. The 4th respondent has constructed Dog Cages all around his property, attached to boundary walls.

(3.) The Farm creates environmental pollution and nuisance. The petitioners submitted Ext.P3 complaint to the Secretary to the 3rd respondent-Panchayat. Ext.P5 complaint was filed before the Pollution Control Board authorities also. The authorities have taken no effective steps to curb the pollution and nuisance. In the meanwhile, the 4th respondent is proceeding with construction of new cages without licence, to multiply the Kennel pack. The petitioners seek to direct the respondents to take necessary steps to stop the illegal activities of the 4th respondent.