2025:KER:29122 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(CRL.) NO. 400 OF 2025 PETITIONERS: 1 DEEPA MINU AGED 32 YEARS W/O BIJIN, DEEPA BHAVAN, MARATHAKIDI, URIYACODE, THIRUVANANTHAPURAM, PIN - 695543 2 BIJIN S SAM AGED 36 YEARS S/O. SAMKUTTY.P, DEEPA BHAVAN, MARATHAKIDI, NEAR TO SASTHAMPARA CSI CHURCH, URIAKODE P.O, THIRUVANANTHAPURAM, PIN - 695543 BY ADVS. AJIT G ANJARLEKAR G.P.SHINOD GOVIND PADMANAABHAN ATUL MATHEWS GAYATHRI S.B. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE PRINCIPAL SECRETARY LOCAL SELF-GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 2 3 THE PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, TC 14/2036, VANROSS JUNCTION, KERALA UNIVERSITY POST, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR, PIN - 695034 5 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, PLAMOOD JUNCTION, PATTOM PO, THIRUVANANTHAPURAM DISTRICT, PIN - 695004 6 THE DISTRICT OFFICER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PLAMOOD JUNCTION, PATTOM PO, THIRUVANATHAPURAM DISTRICT, PIN - 695004 7 THE SECRETARY POOVACHAL GRAMA PANCHAYAT, PERUMKULAM, POOVACHAL POST, THIRUVANATHAPURAM DISTRICT, PIN - 695575 8 THE POOVACHAL GRAMA PANCHAYATH PERUMKULAM, POOVACHAL POST, THIRUVANATHAPURAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 695575 9 THE DEPUTY SUPERINTENDENT OF POLICE KATTAKKADA SUB DIVISION, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572 0 THE STATION HOUSE OFFICER VILAPPILSHALA POLICE STATION, VILAPPILSHALA, THIRUVANATHAPURAM DISTRICT, PIN - 695573 11 THE REVENUE DIVISIONAL OFFICER/ SUB DIVISIONAL MAGISTRATE, OFFICE OF THE REVENUE DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695541 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 3 BY ADVS. SRI.M.P. PRASANTH, PUBLIC PROSECUTOR SRI. THOUFEEK AHAMED, STANDING COUNSEL FOR R4 SRI. T. NAVEEN, STANDING COUNSEL FOR R5 AND R6 SRI. VISHNU BHUVANENDRAN, STANDING COUNSEL FOR R7 AND R8 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 4 JUDGMENT Ext.P12 order passed by the Sub Divisional Magistrate, Nedumangad (for short, ‘the SDM’) under Section 133 of the Criminal Procedure Code (Cr.P.C.) is under challenge in this Writ Petition. 2. I have heard Sri. Ajit G. Anjarlekar, the learned counsel for the petitioners, Sri. M. P. Prasanth, the learned Public Prosecutor, Sri. Thoufeek Ahamed, the learned Standing Counsel for the 4th respondent, Sri. T. Naveen, the learned Standing Counsel for respondents 5 and 6 and Sri. Vishnu Bhuvanendran, the learned Standing Counsel for respondents 7 and 8. 3. The impugned order is one passed under Section 133 of the Cr.P.C. As per the impugned order, the petitioners were directed to close down their pig farm. According to the petitioners, they operate the pig farm with valid license and permissions. 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 5 4. As per Section 133 of the Cr.P.C., whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate on receiving the information considers that the conduct of any trade or occupation, or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order to remove such obstruction or nuisance; or to desist from carrying on such activity or, if he objects to do so, to appear before him at a time and place to be fixed by the order, and show cause why the order should not be 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 6 made absolute. Sections 135 to 138 of Cr.P.C. deals with the procedure after issuance of a conditional order under Section 133 of Cr.P.C. Section 135 of Cr.P.C. enables a person against whom a conditional order was passed under Section 133 of Cr.P.C. to appear before the Magistrate concerned and show cause against the order passed against the same. Thereafter, the Magistrate shall take evidence in the matter as in the case of a summons case and he can either make absolute the conditional order or drop further proceedings. Thus, a person against whom a conditional order has been passed under Section 133 of Cr.P.C. should be given an opportunity to show cause against such order. However, no such opportunity has been given in Ext.P12 order. It simply directs the petitioners to close down the pig farm. 5. The learned counsel for the petitioners submitted that on 25.03.2025, the petitioners have given a detailed reply to Ext.P12 order. Since Ext.P12 is only a conditional order, the SDM is bound to pass a final order in accordance 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 7 with law either confirming the conditional order or dropping further proceedings after hearing both sides. Hence, this Writ Petition is disposed of with a direction to the SDM to pass final order in terms of Section 138 of Cr.P.C. after following the procedure contemplated under Sections 135 to 137 of Cr.P.C. and also taking into account the objection already filed by the petitioners. Needless to say, the SDM shall give opportunity to both sides to adduce evidence and hear all the affected parties. The SDM is directed to take a final decision within a period of three months. Till then, Ext.P12 order shall not be implemented. The petitioners shall produce a copy of this judgment before the SDM for compliance. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 8 APPENDIX OF WP(CRL.) 400/2025 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 08/07/2023 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM Exhibit P2 A TRUE COPY OF THE BIOGAS PLANT COMPLETION CERTIFICATE ISSUED BY THE RENEWABLE ENERGY TECHNICIAN. Exhibit P3 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 25/01/2025 ISSUED BY POOVACHAL GRAMA PANCHAYAT. Exhibit P4 A TRUE COPY OF THE SANITARY CERTIFICATE DATED 29/01/2025 ISSUED BY THE HEALTH INSPECTOR, FAMILY HEALTH CENTRE, VEERANKAVU. Exhibit P5 A TRUE COPY OF THE CONSENT TO OPERATE/AUTHORIZATION/REGISTRATION DATED 12/08/2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P6 A TRUE COPY OF THE NOTICE DATED 23/06/2023 ISSUED BY THE SECRETARY, POOVACHAL GRAMA PANCHAYAT/7TH RESPONDENT Exhibit P7 A TRUE COPY OF THE ORDER DATED 18/08/2023 OF THIS HONOURABLE COURT IN WPC NO 27652 OF 2023. Exhibit P8 A TRUE COPY OF THE ORDER DATED 10/11/2023 OF THIS HONOURABLE COURT IN WPC NO 27652 OF 2023 Exhibit P9 A TRUE COPY OF THE ORDER DATED 14/12/2023 OF THIS HONOURABLE COURT IN WPC NO: 41949/2023. 2025:KER:29122 W.P.(CRL) NO.400 OF 2025 9 Exhibit P10 A TRUE COPY OF THE NOTICE DATED 28/12/2023 ISSUED BY THE 7TH RESPONDENT/ SECRETARY, POOVACHAL GRAMA PANCHAYAT Exhibit P11 A TRUE COPY OF THE LETTER DATED 24/07/2024 ISSUED BY THE 7TH RESPONDENT/ SECRETARY, POOVACHAL GRAMA PANCHAYAT Exhibit P12 A TRUE COPY OF THE ORDER DATED 23/08/2023 ISSUED BY THE 11TH RESPONDENT/SUB DIVISIONAL MAGISTRATE, NEDUMANGAD. Exhibit P13 A TRUE COPY OF THE REVISED STANDARD OPERATING PROCEDURE FOR PIG FARMS DATED 04/11/2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 24/08/2020 OF THIS HONOURABLE COURT IN WPC NO: 9613 OF 2020 REPORTED AS 2020 KHC 653 RESPONDENTS’ EXHIBITS: NIL