The ruling affirms the necessity of legal licensing for poultry operations to prevent pollution, mandating prompt administrative action.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“a) That this Hon’ble Court may be pleased to issue a writ of Mandamus or writ in the nature of Mandamus or such other writ or direction to the Respondent No. 1 to 4 to take immediate action against the Respondent No. 5 and 6 to stop illegal poultry farm and avert pollution as expeditiously as possible.

b) To dispense with filing of English translation of vernacular documents.

c) For such other and further writs or orders as the nature and circumstances of the case may require.”[SIC]

2. The petitioners are aggrieved because respondents 5 and 6 are running a poultry farm adjacent to their property without any license from the statutory authorities and violating all laws. According to the petitioners, there is severe foul smell emanating from the poultry farm and there is air pollution also. The petitioners and two others submitted Ext.P5 complaint to respondents 1 to 4 to take action and that was not considered, is the contention of the petitioners. The petitioners also approached the Pollution Control Board, and the authorities of the Pollution Control Board issued Exts.P8 and P9. But, no consequential steps were taken, is the grievance. Hence this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for respondents 5 and 6, the learned Standing Counsel appearing for the Kerala State Pollution Control Board and the learned Government Pleader.

4. This Court perused Exts.P8 and P9. In Exts.P8 and P9, the 2^nd respondent stated that, without getting licence from the authorities, the poultry farm cannot be conducted. The counsel appearing for respondents 5 and 6 submitted that, he can convince the Pollution Control Board authorities, if an opportunity of hearing is given. Considering the facts and circumstances of the case, I think there can be a direction to the 2^nd respondent to hear the petitioners and the party respondents and take a decision and inform the same to the 1^st respondent, Secretary so that the 1^st respondent can do the needful in accordance with the law.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 2^nd respondent will give an opportunity of hearing to the petitioners and respondents 5 and 6 based on Exts.P8 and P9 notices and pass appropriate orders, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

2. The decision taken by the 2^nd respondent will be intimated to the 1^st respondent, and the 1^st respondent will take necessary steps based on the report of the 2^nd respondent in accordance with the law.

Sd/-