SONY VARGHESE Vs. ANNAMANADA GRAMA PANCHAYAT

JUDGEMENT

(1.) THIS writ petition is filed challenging Ext. P5 an order passed by the Panchayath refusing to grant licence to the petitioner for running a dairy farm. In fact the petitioner was running the farm for quiet sometime. Reference to the judgment in W.A. Nos. 369 and 377 of 2012 would show that petitioner's request for licence was not been considered by the Panchayath and therefore this Court opined as follows:-

(2.) ON that basis petitioner submitted Ext.P2 application to the Panchayath on 03.03.2012. By Ext. P4 Panchayath informed the petitioner that his application can be considered only after a decision has been taken by the Panchayath Committee. By Ext.P5 the Secretary of the Panchayath informed the petitioner that the Panchayath Committee has taken a decision on 26.03.2012, stating that on account of objection from the people in the locality and also absence of consent from Pollution Control Board the application for licence had to be rejected.

(3.) COUNTER affidavit is filed by the respondents and additional respondents supporting the stand taken by the Panchayath. According to them the Pollution Control Board had refused the consent to operate as per the order dated 28.03.2012, which is produced as Ext. R1(g). That being the situation there is no reason for the petitioner to challenge the decision taken by the Panchayath.