JUDGMENT : Shaji P. Chaly, J. 1. Petitioner is conducting a poultry farm in a shed situated in his property in Re-survey No. 255/7, Block No. 28 of Arrakkapady Village in Ernakulam District, attached to the residential house. Petitioner seeks direction to the respondent Grama Panchayat to accept the application for regularisation of the construction made by him in his property for running the poultry farm, without insisting that the building should have a minimum height of 3.60 metres and grant regularisation. 2. The case of the petitioner is that, petitioner was conducting the poultry farm for quite some time. However, recently, respondent issued a notice asking the petitioner to stop the activity, as he has not obtained NOC from the Kerala State Pollution Control Board, and has also not taken steps to get the shed constructed regularized. Accordingly, petitioner stopped the activity and took steps for obtaining NOC and to get the construction regularized. The Kerala State Pollution Control Board has granted consent on 01.09.2018. But, when the petitioner approached the Grama Panchayat for regularizing the construction, it is insisted that the building should have a minimum height of 3.60 metres. According to the petitioner, the stand adopted by the Secretary of the Grama Panchayat cannot be sustained under law, since the same is in violation of the provisions of the Kerala Panchayat Building Rules, 2011. 3. A counter affidavit is filed by the respondent, refuting the allegations and also stating that petitioner was conducting the poultry farm without obtaining licence from the Grama Panchayat. Before issuing Ext.P1 notice, Panchayat has conducted a local inspection and found that no serious nuisance is emitted and no other residential buildings are situated in the near vicinity. But the shed in which petitioner is conducting activity is not having a certificate from the Pollution Control Board. However, petitioner has obtained clearance from the Pollution Control Board, evident from Ext.P2, at a later point of time, which is valid up to 01.01.2023. According to the respondent, the height of the thatched shed constructed by the petitioner is not having the required height of 3.6 metres. The building is G1 category and under clause 7 of Rule 59 of the Rules, 2011, 3.6 metres height is the legal requirement and when the petitioner approached the Panchayat, petitioner was advised correctly by the respondent. According to the respondent, the height of the thatched shed constructed by the petitioner is not having the required height of 3.6 metres. The building is G1 category and under clause 7 of Rule 59 of the Rules, 2011, 3.6 metres height is the legal requirement and when the petitioner approached the Panchayat, petitioner was advised correctly by the respondent. It is also pointed out that, petitioner has not submitted any application for D&O licence as required under law. 4. I have heard learned counsel for the petitioner and the learned counsel appearing for the Grama Panchayat, and perused the pleadings and the documents on record. 5. Learned counsel on either side advanced their arguments relying upon the pleadings put forth. So far as the building constructed by the petitioner for the purpose of conducting the poultry farm is concerned, it requires a permit, since the petitioner is having poultry more than 20, as provided under Sec.235Y of the Kerala Panchayat Raj Act, 1994, which exempts conduct of poultry farm with not more than 20 hen, as per the provisions of the Act other than Sections 220B and 235E. Rule 34 of the Kerala Panchayat Building Rules, 2011, deals with occupancy of buildings. A poultry farm will come under Group G1, under which, Low and Medium Hazard Industrial building is included. Note to Group G1 (2) read thus: “Note:- Building under Group G1. - Low and medium hazard industrial, shall generally, include Engineering workshops, Automobile service station, Automobile wash stalls, Electroplating works, Service garage with repairing facilities, Poultry farms with more than 20 birds, livestock farms with more than 6 animals, furniture making units, Cashew factories, Fish processing units, Coir factories, Water treatment/Filtration plants and Water pump houses, Clock and watch manufacturing units, Bakeries and biscuit factories, confectioneries, Food processing units, Electric lamps (incandescent and fluorescent) and T.V. Tube manufacturing units, Dry cleaning, dyeing and laundry units, Flour mills, Manure and fertilizer works (blending, mixing and granulating only) units, Oxygen plants, Plastic goods manufacturing and PVC Pipe Manufacturing units through injection/ extrusion moulding, Printing press, Rubber goods manufacturing units, manufacture of synthetic leather, Spray painting units, and Textile mills.” 6. The stipulations for carrying on the activities under Group G1 is dealt with under Rule 59 of the Rules, 2011, which read thus: “Low and medium hazard industrial occupancy - (1) Location of any industry shall conform to the provisions contained in the Kerala Factories Rules, 1957 or any other Central or State Acts or Rules or Regulations in respect of industrial location and licensing in force.” Sub-rule (2) thereunder deals with approval of the District Town Planner. However, the second proviso thereto deals with exemption to certain category of buildings in the case of livestock and poultry farms, which read thus: “Provided further that, in the case of all livestock and poultry farms, such approval is not required for buildings having total floor area up to 1000 sq. metres, approval of District Town Planner shall be obtained, if the total floor area is above 1000 sq. metres.” 7. So also, Table 7 under Rule 59(5) deals with access width for Group G1 and G2 occupancies, and as per the second proviso, certain exemptions are provided to livestock and poultry farms, which read thus: “Provided further that, in the case of all livestock and poultry farms, the above width shall be 1.2 metres, if the total floor area is up to 500 sq. metres, 3 metres if the total floor area is above 500 sq. metres but up to 1000 sq. metres; and 5 metres if the total area is above 1000 sq. metres.” Sub-rule (7) of Rule 59 deals with minimum height of certain category of rooms, which read thus: “The minimum height of work room shall depend upon the type of industry, the noxious gases which might be produced or the heat generated due to the process, the specification of room construction, the number of workers employed in any work area and the comfort conditions available through installation of mechanical ventilation or air conditioning system: Provided that the height of any work room shall not be less than 3.6 metres measured from the floor level to the lowest point in the ceiling”. 8. The subject issue revolves around the said provision. On a reading of sub-rule (7), it is categoric and clear that the minimum height of work room shall depend upon the type of industry. 8. The subject issue revolves around the said provision. On a reading of sub-rule (7), it is categoric and clear that the minimum height of work room shall depend upon the type of industry. 'Work room' is defined in the Chambers Concise Dictionary as “a room for working in; works committee or council a body on which both employer and employees meet to handle labour relations within a business”. Therefore, the 'work room' spelt out as per sub-rule (7) and proviso thereto can only be a room which is used for human business activities. Accordingly, it cannot be said that the minimum height of 3.6 metres prescribed thereunder will apply to a room in which poultry farm is conducted. So much so, sub-rule (6) dealing with carpet area per person, of work rooms, exclusive of carpet area occupied by the machinery makes the situation more clearer. Moreover, second proviso to sub-rule (2) and sub-rule (5) of Rule 59 make it clear that exemption is granted to a poultry farm in respect of approval from District Town Planner to a building up to 1000 square metres, and relaxation from the access width. 9. Taking into account all the above said aspects, I am of the considered view that, the Secretary of the Grama Panchayat is not at liberty to insist the petitioner to have the height of 3.6 metres for the shed in which the poultry activity is carried on by the petitioner. However, it is pointed out by learned counsel for the respondent Panchayat that, petitioner is still not having D&O licence for conducting poultry business. But, it is clear from Ext.P2 that petitioner has already secured consent from the Pollution Control Board, which is valid up to 2023. 10. Therefore, there will be a direction to the Secretary of the respondent Grama Panchayat to receive the regularisation application from the petitioner without insisting for the height of the building at 3.6 metres, and consider the same in accordance with law. If the petitioner makes any application for D&O licence, the same shall also be considered in accordance with law, and attain finality, at the earliest possible time, and at any rate, within two months from the date of receipt of a copy of this judgment. 11. The writ petition is allowed accordingly.