KURIAN P.T. Vs. BAISONVALLEY GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) According to the petitioner, petitioner has started a Pig Farm in the year 2015 in is property. The Pollution Control Board after conducting an inspection issued consent to operate dated 4.2.2015 having validity up to 31.12.2017. Meanwhile, the panchayath issued stop memo on 6.6.2017 to the petitioner stating that the petitioner unit is functioning without license from the Panchayath, and hence directed to stop the activity. Challenging the stop memo issued by the Panchayath dated 15.12.2017, petitioner has approached this Court by filing WP(C)No.4020/2018. This Court as per judgment dated 5.4.2018 has directed the PCB to consider the application submitted by the petitioner within a period of one month from the date of receipt of the judgment, after hearing the petitioner. It is further directed that, in the event petitioner obtaining consent to operate from the PCB, the petitioner shall produce a copy of the same before the respondent Panchayath, which shall then consider petitioner's application on merits within a period of three months from the date of production of the order. According to the petitioner, by virtue of the directions issued by this Court, petitioner has secured consent from the PCB, evident from Ext.P2, which has a validity up to 31.12.2022. Thereafter, petitioner has submitted Ext.P3 application before the Panchayath, evident from Ext.P4 receipt dated 3.5.2018. The case of the petitioner is that, even after lapse of period of two months, no license is issued to the petitioner. Thereupon, by virtue of section 236(3) of the Kerala Panchayath Raj Act, petitioner is entitled as of right to secure a deemed license.

(3.) I have heard learned counsel for the petitioner.