IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

                        WP(C).No.28532 OF 2019(N)


PETITIONER:

               USHA.K
               AGED 57 YEARS
               PROPRIETOR, SIVAYA HI-TEC POULTRY FARM,
               KANNAN PARAMBIL, KATTANGAL P.O, KOZHIKODE 673 601

               BY ADV. JOBY CYRIAC

RESPONDENTS:

      1        THE SECRETARY
               CHATHAMANGALAM GRAMA PANCHAYATH,
               NIT CAMPUS, KOZHIKODE 673 601

      2        KERALA STATE POLLUTION CONTROL BOARD,
               REPRESENTED BY THE ENVIRONMENTAL ENGINEER,
               DISTRICT OFFICE, KOZHIKODE 673 002

      3        WATER/AIR APPELLATE AUTHORITY,
               REPRESENTED BY ITS SECRETARY, R2 SECTION,
               FOURTH FLOOR, KSRTC BUS TERMINAL THAMPANOOR,
               THIRUVANANTHAPURAM 695 001

               BY   ADVS.
               R1   BY SRI.VINOD SINGH CHERIYAN
               R1   BY SRI.T.M.KHALID
               R1   BY SMT.K.P.SUSMITHA
               R2   BY T. NAVEEN, STANDING COUNSEL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28532 OF 2019(N)              2




                                JUDGMENT

The petitioner has, in the instant writ petition, sought for many reliefs but, during the course of argument, confined her prayer for issuance of an appropriate direction to the Appellate Authority, established under the Air (Prevention and Control of Pollution) Act, 1981, to take a decision on the appeal preferred against the order of the Kerala Pollution Control Board withdrawing the permission/consent granted on the premise that the petitioner was permitted to keep 250 chicken but exceeded the same. As a consequence thereon, the Secretary of Chathamangalam Panchayath issued the impugned Ext.P13 stop memo dated 26.09.2019.

2. Having heard the learned counsel for the petitioner, I am of the view that this writ petition can be disposed of with a direction to the 3 rd respondent Appellate Authority to decide the appeal preferred against the order of the competent authority, withdrawing the WP(C).No.28532 OF 2019(N) 3 permission/consent, as the decision would have a consequential effect upon the sustainability of the impugned order herein.

Let the Appellate Authority decide the appeal within a period of two months from the date of receipt of a certified copy of the judgment. In case the petitioner succeeds in the appeal the Secretary of the Chathamangalam Grama Panchayath will re-consider the issue, after affording an opportunity of hearing to the petitioner.

The writ petition stands disposed of.

Sd/-

AMIT RAWAL, JUDGE Skk//12022020 WP(C).No.28532 OF 2019(N) 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT NO PCB/KKD/DO/9164/2018 DATED 04-01-2019 ISSUED BY THE 2ND RESPONDENT HAVING VALIDITY UP TO 30-12-2023 EXHIBIT P2 TRUE COPY OF THE PANCHAYATH LICENSE NO.335/19/10 DATED 14-08-2019 ISSUED BY THE 1ST RESPONDENT IN FORM NO.3 UNDER RULE 7 OF KERALA PANCHAYATH RAJ (LIVESTOCK) RULES 2012 FOR THE PERIOD 14-08-2019 TO 31-03-2020 EXHIBIT P3 TRUE COPY OF THE CONSENT GIVEN BY THE 2ND RESPONDENT PERMITTING TO KEEP 1200 MATURED CHICKEN VIDE CONSENT NO. PCB/KKD/DO/6894/2016 DATED 02-03-2017 EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT NO.BL. NO 361/2017-17 ISSUED BY THE 1ST RESPONDENT DATED 19-03-2017 EXHIBIT P5 TRUE COPIES OF THE SHOW CAUSE NOTICE NO. PCB/KKD/DO/ACO/9164/2018 ISSUED BY THE 2ND RESPONDENT DATED 17-06-2019 EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

PCB/KKD/DO/ACO/9164/2018 ISSUED BY THE 2ND RESPONDENT DATED 23-07-2019 EXHIBIT P7 TRUE COPY OF THE REPLY BY THE PETITIONER TO THE EXT P6 SHOW CAUSE NOTICE DATED 03-08-2019 EXHIBIT P8 TRUE COPY OF THE RODER NO.

PCB/KKD/DO/ICO/9164/2018 ISSUED BY THE 2ND RESPONDENT DATED 14-08-2019 EXHIBIT P9 TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY UNDER SECTION 31 OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) R/W RULE 34 OF THE RULES DATED 15-10-2019 WP(C).No.28532 OF 2019(N) 5 EXHIBIT P10 TRUE COPY OF THE NEWS ARTICLE DATED 24-03-2019 PUBLISHED IN MALAYALAM DAILIES EXHIBIT P10 A TRUE COPY OF THE NEWS ARTICLE DATED 08-09-2019 PUBLISHED IN MALAYALAM DAILIES EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.

61/19 DATED 01-08-2019 BY VETERINARY SURGEON, GOVT. VETERINARY DISPENSARY, CHATHAMANGALAM EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPH OF THE POULTRY FARM EXHIBIT P13 TRUE COPY OF THE NOTICE NO. B3-

5567/2019 ISSUED BY THE 1ST RESPONDENT DATED 26-09-2019 EXHIBIT P14 TRUE COPY OF THE REPLY/OBJECTION SUBMITTED BY THE PETITIONER TO THE EXT.P13 NOTICE ON 15-10-2019 RESPONDENTS' EXHIBITS:

EXHIBIT R4(a): TRUE COPY OF THE REPRESENTATION DATED 28/02/2018.

EXHIBIT R4(b): TRUE COPY OF THE REPRESENTATION DATED 02/03/2018.

EXHIBIT R4(c): TRUE COPY OF THE COMPLAINT DATED 07/05/2019.

EXHIBIT R4(d): TRUE COPY OF THE COMPLAINT DATED 26/09/2019.