ABDUL RASHEED Vs. PARIYARAM GRAMA PANCHAYAT

JUDGEMENT

(1.) The Writ Appeal is filed challenging the judgment dated 29.08.2016 in W.P.(C) No. 25663 of 2015 by the petitioner in the Writ Petition.

(2.) The challenge in the Writ Petition was against the conduct of a poultry farm by the 3rd respondent in his property which is situated adjacent to the petitioner's property. According to the petitioner, the poultry farm is being conducted by the 3rd respondent nearly six meters away from the petitioner's residential house. Petitioner alleges pollution consequent to the conduct of the poultry farm by the 3rd respondent. It is alleged that the distance rule has been violated by the 3rd respondent while setting up the poultry farm. It is further alleged that the 3rd respondent's licence issued by the Panchayat expired on 31.03.2016 and the application for renewal of the licence was made by him only on 01.04.2016, i.e., after the expiry of the period of licence. This is in violation of Sec. 236 of the Kerala Panchayat Raj Act (for short the Act ) and hence the application is not liable to be considered.

(3.) As noticed by the learned single Judge, and even in this appeal, no provision of law has been pointed out by the petitioner as to the existence of any distance rule applicable in so far as the establishment of the poultry farm is concerned. It is true that functioning of the poultry farm should not cause any pollution affecting the nearby residents. However, the Pollution Control Board has given its consent to the 3rd respondent and the consent is valid upto 31.01.2019. As has been observed by the learned single Judge, if there is any complaint regarding pollution, it is always open to the petitioner to take up the issue before the Pollution Control Board or the Panchayat in spite of the issuance of licence and consent to the establishment. In the event of there being such a complaint, necessarily the Pollution Control Board or the Panchayat will be duty bound to look into the same and give appropriate directions to the 3rd respondent to take the necessary mitigating measures and steps as may be directed. The authorities will have to see that such measures are properly implemented and the pollution is abated by the licensee.