Antony vs Joseph and Others

T.R. Ramachandran Nair, J.—The petitioner in W.P.(C) No. 23312/10 is opposing the conduct of a poultry farm by respondents 1 and 2. It is mainly alleged that the same causes huge environmental pollution and health hazards to the petitioner. Mainly it is contended that it is being conducted only 15 Metres away from the residential house of the petitioner. It is also submitted that respondents 1 and 2 have not obtained the requisite permission from the District Medical Officer and there is no proper consent from the Pollution Control Board.

In W.P.(C) No. 24874/10, the petitioner challenges the stop memo issued by the Panchayat.

This is a case wherein the petitioner in W.P.(C) No. 23312/10 has filed a civil suit and obtained a decree whereby the first respondent is restrained from conducting the poultry farm without getting licence from the concerned Panchayat. Copy of the judgment has been produced as Exhibit P2. Later, the petitioner filed another Original Suit as O.S. No. 259/10 wherein an interim injunction was obtained against the Secretary of the Panchayat from issuing the licence. The first respondent was not arrayed as a defendant in the civil suit.

The learned Counsel for the petitioner in W.P.(C) No. 24874/10 submitted that the District Medical Officer and the Pollution Control Board have issued the required permits and the injunction order passed by the civil court was the only impediment for getting the licence. It is submitted that they are only rearing the chicken and not selling dressed chicken. It is also the contention of the petitioner therein that the petitioner has complied with the directions issued by the Pollution Control Board in the consent to operate and the allegations regarding pollution raised by the petitioner in the connected Writ Petition are not correct.

As on today, the order of injunction granted by the civil court has been vacated. Therefore, now there is no legal impediment for the Panchayat to consider the application for issuance of licence. Of course, the Panchayat will have to consider it in the light of the complaint raised by the petitioner in W.P.(C) No. 23312/10 and in accordance with the prescriptions of the proceedings of the District Medical Officer and the conditions prescribed by the Pollution Control Board. The learned Counsel for the petitioner in W.P.(C) No. 23312/10 submitted that before the Panchayat finalises the action, the Environmental Engineer of the Pollution Control Board may be directed to conduct an inspection to find out whether the petitioner in W.P.(C) No. 24874/10 has complied with all the conditions.

Therefore, the Writ Petitions are disposed of with the following directions.

There will be a direction to the Environmental Engineer of the Pollution Control Board to conduct an inspection of the premises wherein the poultry farm is being conducted, within ten days and furnish a copy of the report to the petitioner in W.P.(C) No. 23312/10 and to the Panchayat concerned. Thereafter, the Secretary of the Panchayat will consider the application for issuance of licence after conducting a local inspection by himself also. After considering the various reports including the prescriptions made by the District Medical Officer and the Pollution Control Board, the application for licence will be disposed of within a period of one month. Till then, the interim order passed by this Court in W.P.(C) No. 20874/10 will continue. The inspections by the Pollution Control Board and the Secretary of the Panchayat will be conducted after issuing notice to both parties.