Manoj John v. Thuravoor Grama Panchayath and Secretary, Thuravoor Grama Panchayath

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 26TH DAY OF MAY 2020 / 5TH JYAISHTA, 1942** ## **WP(C).No.9879 OF 2020(H)** ## **PETITIONER:** **MANOJ JOHN, AGED 40 YEARS S/O.JOHN, NEDUMPALLIL HOUSE, VALAMANGALAM SOUTH, THURAVOOR P.O., CHERTHALA, ALAPPUZHA - 688 532.** **BY ADV. SRI.ALEX.M.SCARIA** ## **RESPONDENTS:** **1 THE THURAVOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THURAVOOR P.O., ALAPPUZHA - 688 572. 2 THE SECRETARY, THURAVOOR GRAMA PANCHAYATH, THURAVOOR P.O., ALAPPUZHA - 688 572.** **R1-R2 BY ADV. SRI.P.SANTHOSH KUMAR (TR) R1-R2 BY ADV. SRI.T.P.SAJAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) No.9879 of 2020 3 # **ALEXANDER THOMAS, J.** **=========================== W.P(C) No.9879 of 2020** **===========================** Dated this the 26[th] day of May, 2020 ## **JUDGMENT** The case projected in this Writ Petition (Civil) is as follows: The petitioner's request for license to conduct poultry farm was refused as per Ext.P-5. As per Ext.P-5 the only reason for denying renewal is the pendency of the W.P(C)No.31391/2019 in which Ext.P-3 report is there. The pendency of the said writ petition, in which no interim order to stop the unit, cannot be a reason for denying renewal. The denial was without hearing the petitioner and there is violation of natural justice principles. The reason covered by Ext.P-5 does not find a support from the statute book. It is in the light of these averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers: - _“i. To issue a Writ of Certiorari or any other Writ or Order or direction quashing Exhibit P5 after calling for the records leading thereto_ - _ii. To issue a Writ of Mandamus or any other Writ or Order or direction commanding and compelling the respondents 1 and 2 to consider and dispose of Exhibit-P4 independently in accordance with law within a time limit to be stipulated by this Honourable Court;_ _and_ W.P(C) No.9879 of 2020 4 _iii. to issue such other and further orders which are deemed to be just and necessary by this Hon'ble Court in the facts and circumstances of the case.”_ 2. Heard Sri.Alex M Scaria, learned counsel appearing for the petitioner and Sri.P.Santhosh Kumar, learned Standing Counsel appearing for the Thuravoor Grama Panchayat appearing for the respondents. 3. It is urged by Sri.Alex M Scaria, learned counsel appearing for the petitioner that the Environmental Engineer of the District Office of the Kerala State Pollution Control Board has already issued Ext.P-2 statutory consent to run the petitioner's unit, which is valid till the year 2024 and that due to certain complaints raised by a person against the functioning of the petitioner's poultry farm, the Environmental Engineer of the State Pollution Control Board has conducted a detailed inspection of the petitioner's premises and has submitted a detailed report as per Ext.P-3 dated 12.12.2019, which has been filed before this Court in pending W.P(C)No.31391/2019, which has been filed by the said person who is the complainant. That Ext.P-3 report dated 12.12.2019 submitted by the Environmental Engineer of the Kerala State Pollution Control Board would show that though initially there were some deficiencies in the running of the petitioner's poultry farm, subsequently, the petitioner has complied with all the remedial measures ordered by the Pollution Control Board and that the petitioner now satisfies all the norms thereunder and that the W.P(C) No.9879 of 2020 5 statutory consent in favour of the petitioner's unit has been renewed by the Pollution Control Board upto the year 2024. Further that, the petitioner has submitted Ext.P-4 application on 23.03.2020 for renewal of his trade license, which has been filed before the 2[nd] respondent-Secretary of the Thuravoor Grama Panchayat. That the 2[nd] respondent has now issued Ext.P-5 letter dated 05.05.2020 declining to renew the petitioner's license merely on the ground of the pendency of the abovesaid W.P(C)No.31391/2019, even though no stay orders has been passed by this Court in that W.P(C) and even though Ext.P-3 report has been filed by the Pollution Control Board, which is in favour of the petitioner. 4. Sri.P.Santhosh Kumar, learned Standing Counsel appearing for the Thuravoor Grama Panchayat submits that Ext.P-5 letter has been communicated to the petitioner stating the reasons therein only out of deference to the pending proceedings in W.P(C)No.31391/2019 before this Court and further it appears that the petitioner's unit does not satisfy some of the parameters laid down in the Rules framed under the Panchayat Raj Act regarding conduct of poultry farm, more particularly, Rule 4 thereof, etc. That therefore, evenif it is assumed that the petitioner satisfies all the norms of the Pollution Control Board, that does not automatically give any right to the petitioner for renewal of his application, if it is falling short of the statutory prescriptions contained in the Panchayat Raj Act or the Rules W.P(C) No.9879 of 2020 6 framed under the said Act, etc. 5. After having heard both sides and taking note of that fact that no interim orders has been by this Court interdicting the continuance of the petitioner's poultry farm or against the renewal of his license, etc. in the pending W.P(C)No.31391/2019 and also having regard to the fact that Ext.P-3 report has been filed as early as on 12.12.2019 by the Environmental Engineer of the State Pollution Control Board before this Court in W.P(C)No.31391/2019 and as the said report discloses that the petitioner has now rectified all the deficiencies pointed out by the said Pollution Control Board and that his consent has again been renewed upto the year 2024, etc., the following directions and orders are passed: - (i) The stand of the respondents as reflected in Ext.P-5 rejection letter, declining to consider the renewal of the petitioner's license merely on account of the pendency of W.P(C)No.31391/2019, is not legally justified or correct, inasmuch as, no interim stay orders has been passed by this Court in that W.P(C) and also in the light of Ext.P-3 report already filed by the Pollution Control Board in that case. - (ii) The 2[nd] respondent-Secretary of the Grama Panchayat is statutory obliged to consider the said application on merits and in accordance with law. Therefore, the rejection as per Ext.P-5, W.P(C) No.9879 of 2020 7 which appears to be quite mechanical, cannot be countenanced in law and therefore, the matter requires serious reconsideration at the hands of the 2[nd] respondent and therefore, it warrants a remit. For effectuating such a remit, the impugned decision referred to in Ext.P-5 dated 05.05.2020 issued by the 2[nd] respondent will stand quashed and set aside. (iii)Consequently, it is ordered that Ext.P-4 application dated 23.03.2020 submitted by the petitioner for renewal of the trade license for conduct of his poultry farm for the year 2020-21 will stand remitted to the 2[nd] respondent-Secretary of the Grama Panchayat, for consideration and decision afresh. In that regard, the 2[nd] respondent will be at liberty to conduct to conduct any inspection with due prior notice to the petitioner as well as the complainant (the petitioner in W.P(C)No.31391/2019) and thereafter, may ensure that copies of the inspection report are given both to the petitioner as well as the said complainant and thereafter, the 2[nd] respondent shall afford reasonable opportunity of being heard to the petitioner as well as the said complainant and should pass orders on the said request of the petitioner contained in Ext.P-3, for renewal of the trade license for the year 2021, in accordance with law, W.P(C) No.9879 of 2020 8 without much delay, preferably within a period of three weeks from the date of production of a certified copy of this judgment. In that regard, the contentions of the petitioner based on Ext.P3 report dated 12.12.2019 submitted by the State Pollution Control Board should also be duly adverted to and reckoned by the 2[nd] respondent. Further it is ordered that the 2[nd] respondent while doing so, should also strictly adhere to the legal principles already laid down by the Full Bench of this Court in the decision in _**Tomy Thomas v. State of Kerala**_ [2019 (3) KLT 987 (FB)]. - (iv) It is made clear that any such decision taken by the 2[nd] respondent on Ext.P-4 application will be subject to the final outcome in the pending W.P(C)No.31391/2019. - (v) It is brought to the notice of this Court that in view of the problems caused by the lock down on account of the Covid pandemic, the Government in the Local Self Government Department has already issued G.O(Rt.) No.836/2020/LSGD dated 07.05.2020 ordering that the deadline for renewal of an existing trade license viz., 31.03.2020 will stand extended upto - 31.10.2020. Accordingly, it is ordered purely as an interlocutory measure that the petitioner may conduct his W.P(C) No.9879 of 2020 9 poultry farm temporarily until formal orders are passed by the 2[nd] respondent on Ext.P-4 renewal application. 6. The petitioner will forward copy of the memorandum of this W.P(C), along with all the exhibits as well as the certified copy of this judgment to the 2[nd] respondent-Secretary of the Thuravoor Grama Panchayat, for necessary information and further action. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. **Sd/-** **ALEXANDER THOMAS JUDGE** vgd W.P(C) No.9879 of 2020 10 ## **APPENDIX** **PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE LICENCE DATED 20/11/2019, ISSUED TO THE PETITIONER FOR RUNNING THE POULTRY FARM. EXHIBIT P2 TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD WITH NO.PCB/ALP/IC2997/RI/19 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE REPORT DATED 12/12/2019, WITHOUT ANNEXURE, FILED BY THE ENVIRONMENTAL ENGINEER, ALAPPUZHA IN WP(C) NO.31391/2019. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 23/03/2020 SUBMITTED BEFORE THE SECOND RESPONDENT BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE REJECTION LETTER DATED 05/05/2020 ISSUED BY THE RESPONDENTS.**