IMPORTANT POINTS:
" Location of any industry shall conform to the provisions contained in the Kerala Factories Rules, 1957 or any other Central or State Acts or Rules or Regulations in respect of industrial location and licensing in force.
" The Secretary of the Grama Panchayat is not at liberty to insist the petitioner to have the height of 3.6 metres for the shed in which the poultry activity is carried on by the petitioner.

Shaji P. Chaly, J.

1. Petitioner is conducting a poultry farm in a shed situated in his property in Re-survey No. 255/7, Block No. 28 of Arrakkapady Village in Ernakulam District, attached to the residential house. Petitioner seeks direction to the respondent Grama Panchayat to accept the application for regularisation of the construction made by him in his property for running the poultry farm, without insisting that the building should have a minimum height of 3.60 metres and grant regularisation.

2. The case of the petitioner is that, petitioner was conducting the poultry farm for quite some time. However, recently, respondent issued a notice asking the petitioner to stop the activity, as he has not obtained NOC from the Kerala State Pollution Control Board, and has also not taken steps to get the shed constructed regularized. Accordingly, petitioner stopped the activity and took steps for obtaining NOC and to get the construction regularized. The Kerala State Pollution Control Board has granted consent on 01.09.2018. But, when the petitioner approached the Grama Panchayat for regularizing the construction, it is insisted that the building should have a minimum height of 3.60 metres. According to the petitioner, the stand adopted by the Secretary of the Grama Panchayat cannot be sustained under law, since the same is in violation of the provisions of the Kerala Panchayat Building Rules, 2011.

3. A counter affidavit is filed by the respondent, refuting the allegations and also stating that petitioner was conducting the poultry farm without obtaining licence from the Grama Panchayat. Before issuing Ext.P1 notice, Panchayat has conducted a local inspection and found that no serious nuisance is emitted and no other residential buildings are situated in the near vicinity. But the shed in which petitioner is conducting activity is not having a certificate from the Pollution Control Board. However, petitioner has obtained clearance from the Pollution Control Board, evident from Ext.P2, at a later point of time, which is valid up to 01.01.2023. According to the respondent, the height of the thatched shed constructed by the petitioner is not having the required height of 3.6 metres. The building is G1 category and under clause 7 of Rule 59 of the Rules, 2011, 3.6 metres height is the legal requirement and when the petitioner approached the Panchayat, petitioner was advised correctly by the respondent. It is also pointed out that, petitioner has not submitted any application for D&O licence as required under law.

4. I have heard learned counsel for the petitioner and the learned counsel appearing for the Grama Panchayat, and perused the pleadings and the documents on record.

5. Learned counsel on either side advanced their arguments relying upon the pleadings put forth. So far as the building constructed by the petitioner for the purpose of conducting the poultry farm is concerned, it requires a permit, since the petitioner is having poultry more than 20, as provided under Sec.235Y of the Kerala Panchayat Raj Act, 1994, which exempts conduct of poultry farm with not more than 20 hen, as per the provisions of the Act other than Sections 220B and 235E. Rule 34 of the Kerala Panchayat Building Rules, 2011, deals with occupancy of buildings. A poultry farm will come under Group G1, under which, Low and Medium Hazard Industrial building is included. Note to Group G1 (2) read thus:

“Note:- Building under Group G1. - Low and medium hazard industrial, shall generally, include Engineering workshops, Automobile service station, Automobile wash stalls, Electroplating works, Service garage with repairing facilities, Poultry farms with more than 20 birds, livestock farms with more than 6 animals, furniture making units, Cashew factories, Fish processing units, Coir factories, Water treatment/Filtration plants and Water pump houses, Clock and watch manufacturing units, Bakeries and biscuit factories, confectioneries, Food processing units, Ele