2025:KER:29807 WP(C) No. 4281 of 2017 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 4281 OF 2017 PETITIONER: LOVELY MANOJ, KALLUKALAM, PATHANAMTHITTA, PIN-689645. BY ADVS. S.SANTHOSH KUMAR P.LISSY JOSE RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2 THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689645. 3 THE PATHANAMTHITTA MUNICIPALITY, MUNICIPAL OFFICE, PATHANAMTHITTA, PIN-689645, REPRESENTED BY ITS SECRETARY. 4 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA-689645. 5 THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA-689641. 2025:KER:29807 WP(C) No. 4281 of 2017 -2- R1,R2,R5 SMT.SURYA BINOY, SENIOR GOVERNMENT PLEADER R3 SRI.V.K.SUNIL, STANDING COUNSEL, PATHANAMTHITTA MUNICIPALITY R4 SRI.T.NAVEEN, STANDING COUNSEL, POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29807 WP(C) No. 4281 of 2017 -3- MOHAMMED NIAS C.P., J. -------------------------------------------- W.P.(C) No.4281 of 2017 ------------------------------------------- Dated this the 7th day of April, 2025 JUDGMENT The petitioner, a resident of Pathanamthitta, has filed this writ petition aggrieved by the unscientific and unhygienic manner in which the municipal slaughterhouse is functioning adjacent to her property. 2. The petitioner prays for a direction to the respondents to close down the municipal slaughterhouse. 3. A report has been filed by the Environmental Engineer concerned stating that a Consent to Operate was granted to the Municipality and the same is valid upto 31.12.2025, as seen from Ext.R4(h) renewal. However, in the inspection conducted on 29.03.2025, it was found that the unit was not working and the surroundings were found to be unhygienic. The Biogas plant was provided but not properly maintained. The circular issued by the 2025:KER:29807 WP(C) No. 4281 of 2017 -4- Board dated 21.11.2022 regarding the distance norms and pollution control! measures to be taken by the 3rd respondent Municipality, is also produced as Ext.R4(i). 4. Based on the inspection, Ext.R4(j) letter was issued to the 3rd respondent on 29.03.2025 directing them to maintain the hygiene conditions within the slaughterhouse and its premises and also to submit an application with a proposal for modernisation. 5. The learned Standing Counsel for the Pollution Control Board submits that the 3rd respondent has not replied to the same so far. 6. In view of the above, the writ petition is disposed of as follows: 1) The 3rd respondent Municipality is directed to respond to Ext.R4(j) issued by the Pollution Control Board dated 29.03.2025 within three weeks from today. 2) On receipt of the response as directed above, the 4th respondent will conduct a hearing with prior notice to 2025:KER:29807 WP(C) No. 4281 of 2017 -5- the writ petitioner and also to the 3rd respondent Municipality and pass appropriate orders to ensure compliance with the relevant instructions. 3) If the petitioner has a subsisting grievance, it will be open to the petitioner to approach the fourth respondent, in which event the Pollution Control Board will consider it and take appropriate action in accordance with law. Sd/- MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:29807 WP(C) No. 4281 of 2017 -6- APPENDIX OF WP(C) 4281/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF SALE DEED NO.1777/92 DATED 20.06.1992 EXHIBIT P2 TRUE COPY OF SKETCH SHOWING THE SLAUGHTERHOUSE AND SURROUNDINGS AREA EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE SLAUGHTERHOUSE EXHIBIT P4 TRUE COPY OF THE PETITION DATED 05.09.2014 FILED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 5 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 24/09/2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER DATED 23/12/2014 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE LETTER DATED 09/12/2014 FROM THE OFFICE OF THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF PETITION DATED 24/10/2016 SUBMITTED BY THE DESHASEVINISAMAJAM BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS Exhibit R3(a) INTEGRATED CONSENT NO.ICO/PTA/1728/R1/2022 TO OPERATE SLAUGHTER HOUSE RENEWAL UPTO 31.12.2025 ISSUED BY THE PCB Annexure R4(a) TRUE COPY OF THE SHOW CAUSE NOTICE NO. PCB/PTA/MSW/2/2001 DATED 29-9-2012 ISSUED BY THE 4TH RESPONDENT. 2025:KER:29807 WP(C) No. 4281 of 2017 -7- Annexure R4(b) TRUE COPY OF THE CONSENT TO OPERATE NO. ICO/PTA/1728/2014 DATED 22-2-2014 ISSUED BY THE 4TH RESPONDENT. Annexure R4(c) TRUE COPY OF THE DIRECTION LETTER NO. PCB/PTA/ICO/1409/2013 DATED 20-2-2015 ISSUED BY THE 4TH RESPONDENT. Annexure R4(d) TRUE COPY OF THE NOTICE NO. PCB/PTA/ICO/1409/2013 DATED 15-12-2016 ISSUED BY THE 4TH RESPONDENT. Annexure R4(e) TRUE COPY OF THE LETTER NO. PCB/PTA/ICO/1409/2013 DATED 7-2-2018 ISSUED BY THE 4TH RESPONDENT. Annexure R4(f) TRUE COPY OF THE LETTER NO. PCB/PTA/ICO/1409/2013 DATED 9-6-2020 ISSUED BY THE 4TH RESPONDENT. Annexure R4(g) TRUE COPY OF THE LETTER NO. PCB/PTA/ICO/1409/2013 DATED 8-2-2021 ISSUED BY THE 4TH RESPONDENT. Annexure R4(h) TRUE COPY OF THE CONSENT TO OPERATE- RENEWAL NO. ICO/PTA/1728/R1/2022 DATED 3-3-2022 ISSUED BY THE 4TH RESPONDENT. Annexure R4(i) TRUE COPY OF THE CIRCULAR NO. KSPCB/70/2022-SEE-3 DATED 21-11-2022 ISSUED BY THE POLLUTION CONTROL BOARD. Annexure R4(j) TRUE COPY OF THE DIRECTION LETTER NO. PCB/PTA/ICO/1409/2013 DATED 29-3-2025 ISSUED BY THE 4TH RESPONDENT.