IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.1194 OF 2019(GM-RES) BETWEEN:
1.MR PAUL VINCENT PINTO AGED 53 YEARS S/O LATE CAMIL PINTO R/A PINTO MANSION GUDDEYANGADY PUTHIGE VILLAGE MANGALURU TALUK DK DISTRICT-574226 REPRESENTED BY HIS WIFE MRS VIOLET PINTO R/A PINTO MANSION GUDDEYANGADY, PUTHIGE VILLAGE MANGALURU TALUK DK DISTRICT-574226 2.MRS VIOLET PINTO AGED 45 YEARS W/O PAUL PINTO R/A PINTO MANSION GUDDEYANGADY PUTHIGE VILLAGE MANGALURU TALUK DK DISTRICT-574226 ..PETITIONERS (BY SRI P P HEGDE, ADVOCATE) AND:
1.THE CHIEF EXECUTIVE OFFICER DAKSHINA KANNADA JILLA PANCHAYAT MANGALURU DK DISTRICT-575006 2.THE EXECUTIVE OFFICER TALUK PANCHAYAT MANGALURU TALUK MANGALURU DK DISTRICT-575001 3.THE PANCHAYAT DEVELOPMENT OFFICER PUTHIGE GRAMA PANCAHAYT PUTHIGE MANGALURU TALUK DK DISTRICT-574226 4.THE TALUK HEALTH OFFICER HEALTH AND FAMILY WELFARE DEPARTMENT MANGALURU TALUK DK DISTRICT-575001 5.THE INSPECTOR OF POLICE MOODBIDRI POLICE STATION MOODBIDRI DK DISTRICT-574227 6.MR CYPRIAN RONALD CARDOZA AGED 52 YEARS S/O LATE SEBASTIAN CARDOZA R/A GUDDEYANGADY PUTHIGE VILLAGE MANGALURU TALUK DK DISTRICT-574226 ..RESPONDENTS (BY SRI B BALAKRISHNA, AGA FOR R-5, SRI A.K.VASANTH, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT R-1 TO 4 TO TAKE SUITABLE ACTION AND IMMEDIATELY TO STOP THE POULTRY FARM OPERATED BY R-6 IN SY.NO.616/2 OF PUTHIGE VILLAGE, MOODIBIDRI OPERATED BY R-6;
DIRECT R-1 TO 4 TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER (i) DATED 18.9.2018 (VIDE ANNEXURE M) (ii) DATED 20.9.2018 (VIDE ANNEXURE N) (iii) DATED 24.9.2018 (VIDE ANNEXURE P) (iv) DATED 26.9.2018 (VIDE ANNEXURE Q) AND TO INITIATE APPROPRIATE ACTION FOR OPERATING POULTRY FARM WITHOUT OBTAINING LICENCE;
DIRECT R-5 TO SEIZE THE ILLEGALLY OPERATED POULTRY FARM OF R-6 AND TAKE APPROPRIATE CRIMINAL ACTION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr.P.P.Hegde, learned counsel for the petitioners.
Sri.B.Balakrishna, learned additional Government Advocate for respondent No.5.
Sri.A.K.Vasanth, learned counsel for respondent No.3.
2. Petition is admitted for hearing.
3. With the consent of the learned counsel for the parties, petition is heard finally.
4. Petitioner seeks a writ of mandamus to respondents 1 to 4 to take action to stop the poultry farm operated by respondent No.6 in Sy.No.616/2 of Puthige Village, Moodbidri.
5. When the matter is taken up today, learned counsel for respondent No.3 submitted that in pursuance of the complaint made by the petitioners, action has been initiated and notice has been issued on 03.12.2018 to respondent No.6.
6. In view of the aforesaid submission, petition is disposed of with a direction to respondent Nos.1 to 4 to take action against respondent No.6 and to pass an order in accordance with law within a period of one month from today.
Accordingly petition is disposed of.
Sd/- JUDGE SBN