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2022 Supreme(Online)(KER) 17584
HIGH COURT OF KERALA
N. NAGARESH, J
THOMAS – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS SECRETARY – Respondent
WP(C)/18931/2022
G.HARIHARAN, PRAVEEN.H, K.S.SMITHA, ANIL PRABHA.K, MEREENA.J.JOSEPH
Local authorities are bound to process licensing applications in accordance with law, while considering environmental compliance and public health.
Headnote:
Licensing - Pig Farming - Local Governance Act - Sections Related to License Regulation - The court emphasized the necessity for local authorities to process renewal applications duly and to consider public complaints regarding operational licenses, while also ensuring adherence to statutory obligations.
Fact of the Case:
The petitioner challenged the operation of a Pig Farm without a valid license, while the operator claimed renewal applications were hindered by the pandemic. Complaints of pollution raised concerns about the farm's compliance with environmental regulations.
Finding of the Court:
The court found that the operator had valid consents from the pollution control authority and that the local authorities were obligated to process the application for renewal of license irrespective of public complaints.
Issues: Whether the local authorities were required to process a renewal application for a pig farm's operational license in light of environmental and public complaints.
Ratio Decidendi: The local governing body must act on license renewal applications according to the law, regardless of competing complaints, emphasizing legal adherence over public grievances.
Final Decision: The court directed the renewal application to be processed without undue delay after rectifying defects.
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
