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2022 Supreme(Online)(KER) 17583
HIGH COURT OF KERALA
N. NAGARESH, J
LITTO JAISON, – Appellant
Versus
KARUKUTTY GRAMA PANCHAYAT, – Respondent
WP(C)/11011/2022
ANIL PRABHA.K, G.HARIHARAN, PRAVEEN.H, K.S.SMITHA, MEREENA.J.JOSEPH, V.R.SANJEEV KUMAR, ANJALY T.A, SRI.T.NAVEEN (SC)-R4
The ruling established that regulatory authorities must fairly process licence applications and ensure compliance with statutory environmental standards.
Headnote:
Licensing - Pig Farm Operations - Panchayat Act - Sections related to licence issuance and regulatory compliance - The court underscored the necessity for proper licences, compliance with environmental standards, and the obligation of authorities to process applications expeditiously, guiding its decision on renewing the Pig Farm's licence.
Fact of the Case:
The petitioner sought to stop an unlicensed Pig Farm operating next to his residence, while the farm's owner claimed they had valid licences but faced delays in renewing due to the pandemic. Both parties presented conflicting views on the operation and compliance of the Pig Farm.
Finding of the Court:
The court found that the Pig Farm had operated with requisite licences since its inception, and the recent renewal application was pending processing, requiring the Panchayat to consider it properly.
Issues: The main issues were whether the Pig Farm was operating unlawfully without a valid licence and whether the Panchayat had a duty to process the renewal application expeditiously amidst complaints of pollution.
Ratio Decidendi: The court ruled that the statutory regulations obligated the Panchayat to consider the renewal application based on its merits and indicated that valid consents in place necessitate a review of the application, despite public complaints.
Final Decision: The court directed the Panchayat to allow the Pig Farm owner to correct application defects and process the renewal expeditiously.
JU DGMENT
Dated this the 26th day of July, 2022 [WP(C) Nos.11011 and 18931 of 2022]
W.P.(C) No.11011 of 2022 has been filed by the petitioner, who is a resident of Karukutty in Aluva Taluk, aggrieved by the unauthorised running of Pig Farm by the 5th and 6th respondents, adjacent to the petitioner’s house in Karukutty. In the writ petition, the petitioner seeks to direct respondents 1 to 4 to ensure that respondents 5 and 6 are not permitted to conduct the Pig Farm within the jurisdiction of Karukutty Grama Panchayat without obtaining Statutory Licence, Consent and Permission from respondents 1 to 4, for conducting the Pig Farm.
2. The 6th respondent in W.P.(C) No.11011 of 2022 is the petitioner in W.P.(C) No.18931 of 2022. The 6th respondent in W.P.(C) No.11011 of 2022 states that he is conducting the Pig Farm since the year 2008, after obtaining all requisite licences and consents from various statutory authorities. Though the 6th respondent applied for renewal of Panchayat licence, the application was not entertained due to Covid-19 pandemic prevailing at that time.
3. Subsequently, the 6th respondent submitted an application for renewal of the Panchayat Licence on 22.03.2022. On the basis of certain frivolous complaints, the Panchayat authorities are not processing the application for renewal of Panchayat Licence of the 6th respondent. The 6th respondent therefore seeks to command the 3rd respondent to consider and dispose of Ext.P2 application for renewal of licence submitted by the petitioner as expeditiously as possible.
4. The counsel for the petitioner in W.P.(C) No.11011 of 2022 submits that the 6th respondent’s licence expired more than two years ago in the year 2020. The Unit of the 6th respondent is functioning violating all Pollution Control norms. The polluted water emanating from the Pig Farm is polluting the surrounding area. There is substantial air pollution also, making life of the local residents miserable in that area. The petitioner submitted complaints to various authorities for taking action against the 6th respondent and to stop the functioning of the Pig Farm of the 6th respondent, which has no valid Panchayat Licence as on date. Respondents 1 to 4 are therefore compellable to take action against the illegal and unauthorised Pig Farm of the 6th respondent.
5. The counsel for the 6th respondent (petitioner in W.P.(C) No.18931 of 2022) submitted that the 6th respondent is running the Pig Farm from the year 2008 after obtaining all requisite Statutory Licences. The 6th respondent has been granted a Consent to Operate, by the Kerala Pollution Control Board. The Consent so granted by the Kerala Pollution Control Board is valid upto 30.06.2023. The 6th respondent has been renewing the Panchayat Licence from time to time. It expired in the year 2020. The 6th respondent could not submit renewal application promptly due to Covid-19 pandemic. Subsequently, the 6th respondent has submitted an application on 22.03.2022. The Panchayat Authorities are sitting over the application, without processing the same. The counsel for the 6th respondent pointed out that the Health Inspector, who inspected the premises, has issued Sanitation Certificate and has recommended that Panchayat Licence can be granted to the 6th respondent. In view of the said fact, the Panchayat Authorities are compellable to issue licence to the 6th respondent.
6. Standing Counsel for the Panchayat entered appearance and resisted W.P.(C) No.18931 of 2022. The Standing Counsel submitted that a large number of public complaints have been received by the Panchayat Authorities alleging air and water pollution in the area. Apart from the above, the 6th respondent’s licence expired in the year 2020. Though the 6th respondent submitted an application for renewal of licence on 22.03.2022, the application was defective. The application did not indicate as to for which year the renewal is sought for. The application also stated that the land where Pig Farm is
