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2023 Supreme(Online)(KER) 3614

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
P.M.SAJEEVAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SAJI MATHEW, DEEPU ANIL, BASIL CHANDY VAVACHAN, ARUNKUMAR AMATHEW DEVASSI, GEORGIE SIMON (K/001374/2001), CHARUTHA BHAIJU (K/000413/2018), CHANDHANA BHAIJU (K/001122/2022), BASIL SAJAN (K/2266/2022), FATHIM NAVAS (K/785/2023), BASIL SCARIA (D/8405/2018), A.C. DEVASIA (K/103/1985)

JUDGMENT

    This writ petition is

    3 and 6 to ensure that respondents 7 to 10 or any one under them are not conducting any poultry farm in the buildings belonging to the said respondents at Pindimana Grama Panchayat.

    2. Petitioner alleges that respondents 7 to 10 are conducting a poultry farm despite the absence of any licence from the Local Authority. It was also submitted that a Division Bench of this Court had, by a common judgment dated 28.01.2020, in W.A. Nos. 126/2017 and 1759/2017 exhaustively considered all the issues and came to the conclusion that appellants therein cannot conduct the poultry farm. The appellants in the writ appeal are respondents 7 and 8 in this writ petition. Thus, there is a binding judgment restraining respondents 7 and 8 from conducting a poultry farm. Petitioner alleges that by inducting the daughter and another person, respondents 7 and 8 are even now conducting the poultry farm, and therefore urgent steps ought to be taken to closed down the said farm.

    3. The learned Standing Counsel for the Panchayat submitted that they have issued a stop memo to respondents 7 to 10 and they have, thereafter, closed down all

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