The petitioners have approached this Court with the following prayers:
“a) To issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to ensure that appropriate action is taken to stop the functioning of the pig farm illegally run by the 5th Respondent without any license or authority.
b. To issue a writ of mandamus or any other appropriate writ or direction directing respondents 1 to 4 to ensure that the respondent No.5 or anybody claiming under him is not continuing to conduct subject pig farm without strict adherence to the statutory provisions within the respective jurisdiction.”
2. The petitioners are stated as aggrieved of the piggery run by the fifth respondent without complying with the statutory requirements and without proper licence/clearance from the concerned authority. The factual position is sought to be rebutted by the 5th respondent by filing a counter affidavit also producing relevant documents as Exts. R5(a) to R5(d). Some additional documents; such as show cause notice issued by the W.P.C. No. 14226 of 2014 -2-
2nd respondent and the compliance report submitted by the fifth respondent before the second respondent, have been produced as Exts. R5(e) and R5(f) along with I.A. No. 14743 of 2014. A report has been filed on behalf of the second respondent as directed by this Court on 25.9.2014, which shows that, pursuant to the complaint obtained, an enquiry was conducted on 19.09.2014 and 22.09.2014. It is stated that, during the inspection the pig farm and surroundings were found in a very unhealthy and unhygienic manner and that the conditions, incorporated in the consent given earlier were not seen complied with. It is also stated that, a notice to revoke the consent was issued to the owner of the unit, a copy of which has been produced as Annexure R2(2).
3. When the matter came up for consideration before this Court on 4.11.2014, the following interim order was passed.:
“The counsel for the Panchayat submits that a stop memo has been issued to the unit of the fifth respondent, to which no license has been issued by the Panchayat. The counsel submits that the stop memo would be implemented without further delay.
Post after a week.”
W.P.C. No. 14226 of 2014 -3-
4. In view of the stop memo given by the Panchayath and subsequent turn of events, the submission made across the Bar by the Panchayath was recorded on 14.11.2014, particularly that the Panchayath had already given 15 days' time to remove the pigs, pursuant to the closure notice. Today, the learned counsel for the Panchayath submits that, the unit has already been closed down for want of necessary consent as on date and that all the pigs have been removed by the 5th respondent.
This being the position, no further orders are necessary in this writ petition and the same is disposed of accordingly. It is made clear that, this will not bar the way of 5th respondent in pursuing other appropriate proceedings with regard to the grievance, if any, in accordance with the relevant provisions of law.
P.R. RAMACHANDRA MENON, JUDGE.
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