High Court of Kerala
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
K.P. Renadevan
Versus
Ezhupunna Grama Panchayat Represented by its Secretary & Others
WP(C).No.33311 of 2009 (H)
Decided on : 15-01-2010
Constitution of India, Article 226 - Petitioner has been conducting a piggery in his property with licence from the Panchayat, NOC of the District Medical Officer and consent issued Pollution Control Board. Petitioner licence became due for renewal, for reasons which are only political, at the instance of respondents 6 to 8 renewed by Ext.P1 order with a condition that the consent of the Pollution Control Board for the period subsequent to 1.7.2009 should be produced -Held, petitioner has a case that the damages suffered is more than what is ordered to be paid by the Panchayat, viz., Rs.1,73,520/- amount realised from the Meat Products of India and Rs.1,00,000/-, petitioner to approach the Civil Curt by filing a Suit and recover the balance amount - Petition is disposed.
1. Since 1985, petitioner has been conducting a piggery in his property with licence from the Panchayat, NOC of the District Medical Officer and consent issued by the Pollution Control Board. According to the petitioner, in 2007, when the licence became due for renewal, for reasons which are only political, at the instance of respondents 6 to 8, it was renewed by Ext.P1 order with a condition that the consent of the Pollution Control Board for the period subsequent to 1.7.2009 should be produced. The period of the licence thus renewed was upto 31.3.2010.
2. According to the petitioner, again at the instance of respondents 6 to 8, by Ext.P2, the Environmental Engineer of the Pollution Control Board refused to grant consent to operate the farm on the allegation that the petitioner had not provided satisfactory facilities for treatment of polluted effluents and was causing nuisance to the public by way of sound pollution.
3. Aggrieved by Ext.P2 order of the Environmental Engineer, petitioner filed Ext.P3 appeal before the Appellate Authority and the appeal is still pending consideration. While so, Ext.P4 notice dated 26.8.2009 was issued by the Panchayat, calling upon the petitioner to show cause why in the light of Ext.P2 order, Ext.P1 licence shall not be cancelled. He was required to submit his explanation within 14 days of receipt of the notice. Petitioner submits that Ext.P4 notice was served on him by registered post with acknowledgment due. Ext.P10 is the cover enclosing Ext.P4 which shows that it was delivered to the petitioner on 31.10.2009.
4. It is stated that before the 14 days period for submitting reply expired, the Panchayat passed Ext.R1 (b) resolution on 12.11.2009, resolving to cancel Ext.P1 licence, vide agenda item No.10. Petitioner submits that the said resolution was passed by the Panchayat at about 3.00 pm on 12.11.2009 and that on the same day, the President and the Secretary of the Panchayat came to his piggery when he was absent and removed five pigs without giving any notice or other intimation to the petitioner or his family members. It is also stated that the remaining 44 pigs were removed by the aforesaid respondents on 13.11.2009, in the forenoon and were transported to the Meat Products of India and that the pigs were sold realizing Rs.1,73,520/-, as evidenced by Ext.R1(g) receipt produced by the 1st respondent.
5. It is stated that long thereafter, copies of Ext.R1(b) order cancelling the licence and Exts.R1(c) and R1(d) order requiring him to close down the piggery, both dated 12.11.2009, were served on the petitioner on 21.11.2009. These orders were sent to the petitioner in Exts.P11 and P12 covers which were despatched from the office of the Panchayat only on 13.11.2009 and 16.11.2009 respectively. Petitioner submits that in the meanwhile, he filed an appeal against Ext.R1(b), which is also pending consideration of the Tribunal for Local Self Government Institutions. It is also stated that within 14 days from 31.10.2009, he has filed Ext.P5 reply to Ext.P4 notice as well. The petitioner submits that the aforesaid high handed action of the Panchayat, its President and Secretary was mala fide and illegal and that as a consequence thereof, damages to the tune of Rs.10 Lakhs was caused to him and that he is entitled to be compensated. In this background the writ petition has been filed with the following main prayers.
(i) To call for the records leading upto the decision said to have been passed on 12.11.2009, by the members of 1st respondent and to quash the same by the issuance of a writ of certiorari or other appropriate writ, order or direction.
(ii) To issue a writ of mandamus directing respondents 2 and 3 to effect restitution/restoration of the pig farm as it stood on 12.11.2009 and also direct them to pay a sum of Rs.10,00,000/- as compensation to the petitioner for the atrocities committed by them against the petitioner and the members of his family.
(iii) To direct respondents 4
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