BENOY JOSEPH Vs. SECRETARY AYYAMKULAM GRAMAPANCHAYAT

JUDGEMENT

(1.) The petitioners in these cases, which have been heard together on account of the analogous factual circumstances presented, are persons who claim to be operating Pig Farms within the territorial limits of the respondent - Ayyankunnu Grama Panchayath. According to them, even though they have made applications for Consent to Operate before the Pollution Control Board and for issuance of Trade Licence by the Secretary of the Grama Panchayath, no action has been taken by either of these Authorities and therefore, that directions be issued to them to complete such exercise at the earliest.

(2.) The learned Standing Counsel for the Grama Panchayath submits that the Pig Farms are being operated by the petitioners in the past without obtaining any Licence or Consent to Operate and that the Panchayath has, therefore, issued stop memos to them. He says that since they continued to operate in spite of such stop memos, certain residents of the locality had approached this Court, by filing W.P.(C) No.28387/2019, wherein this Court directed the Panchayath to shutdown the farms unless the petitioners are able to obtain necessary Licences and Consents. He says that in the said judgment this Court had also given liberty to the Panchayath to consider such applications, but only after affording an opportunity of being heard to the petitioners in W.P.(C) No.28387/2019. He says that if this Court is so inclined, the Panchayath is willing to take up the applications and consider them in the afore manner without any delay.

(3.) The learned Standing Counsel for the Kerala State Pollution Control Board also submits that the petitioners were never given Consent to Operate in the past and that their applications, if any, can be considered only as being ones for fresh grant of Consent to Operate. He says, therefore, that the petitioners must comply with all necessary statutory requirements, so as to enable the Board to take up their applications and dispose them of.