JUDGMENT : S. MANIKUMAR, J. 1. Being aggrieved by the order made in W.P(C). No.20395 of 2019 dated 26.9.2019 by which writ court, granted the prayers sought for, Smt. Bindhu Thomas, 6th respondent therein has filed the instant writ appeal. 2. Short facts leading to the appeal as deduced from the material on record are that, writ petitioner therein, one Mr. Jayaraj, has filed the Writ Petition No.20395 of 2019 for a mandamus directing Vannappuram Grama Panchayat and the Secretary, Vannappuram Grama Panchayat, Idukki District, to take legal action to close down the pig farm run by Smt. Bindhu Thomas, 6th respondent therein without any licence, in Sy.No.61/1C of Vannappuram Village. He has also sought for a direction to the Kerala State Pollution Control Board represented by Environmental Engineer, Idukki District (4th respondent) to assess the damage caused to the environment due to the illegal functioning of the pig farm. 3. Before the writ court, respondents 2, 3 and 5 have filed a counter affidavit. In paragraphs 3 to 5, it is stated as follows: “3. It is respectfully submitted that the Pig farm conducted by the 6th respondent is without obtaining any licence issued by the Panchayat. On receiving complaint, the Panchayat authorities inspected the site and found that the 6th respondent is conducting the Pig Farm illegally and unauthorizedly with more than 400 Pigs. The 6th respondent has not applied for or obtained any licence as provided under Sections 3, 6 and 7 of the Kerala Panchayat Raj (Licensing of Livestock Farms) Rules 2012, or under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996. The conduct of the Pig farm is also without complying with the mandate of Rule 4 and 5 of Livestock Farm Rules and thereby likely to cause serious health hazards to the local people. The Panchayat Medical Officer reported that conduct of the pig farm is causing contamination of water causing unhealthy conditions in the area. A true Photostat copy of the report of the 5th respondent Medical Officer, P.H.C., Vannappuram dated 17-06-2019 is produced herewith and marked as Exhibit R3(a) for kind perusal of this Honourable Court. The 6th respondent was informed of the seriousness of the matter and was directed to close down the farm. 4. A true Photostat copy of the report of the 5th respondent Medical Officer, P.H.C., Vannappuram dated 17-06-2019 is produced herewith and marked as Exhibit R3(a) for kind perusal of this Honourable Court. The 6th respondent was informed of the seriousness of the matter and was directed to close down the farm. 4. It is respectfully submitted that as per Ext.P3 notice No. C2-4026/19 dated 21/06/2019, the 6th respondent was directed to close down the Pig farm since the same is conducting without any licence and also seriously affecting the health and welfare of the people in the locality. It was made clear in Ext.P3 that action will be initiated under the Kerala Panchayat Raj (Licensing of Pigs and Dogs) Rules 1998. Since even then the 6th respondent failed to close down the Pig Farm, the Panchayat again issued notice directing to demolish the building and to close down the farm and proposing to initiate legal proceedings against the 6th respondent. A true copy of the above notice bearing No. C1-4486/19 dated 24-07-2019 served on the petitioner is produced herewith and marked as Exhibit R3(b) for kind perusal of this Honourable Court. 5. It is respectfully submitted that there is no inaction in the matter and that the Panchayat is taking all legal steps against the 6th respondent. As the Pig farm is functioning without any permission or valid licence from the Panchayat and also that it is causing serious health problems in the locality as reported by the Public Health authorities, the Pig Farm is liable to be closed down. Exts. P3 and R3(b) are legal and valid and strictly in accordance with the provisions contained in the Kerala Panchayat Raj Act and relevant Rules. It is therefore respectfully submitted that the functioning of the pig farm by the 6th respondent is without any licence and liable to be closed down in compliance with Exts.P3 and R3(b). It is submitted that this Honourable Court may be pleased to permit the panchayat to proceed with the provisions contained in the Panchayat Raj Act and Rules in the matter. This Honourable Court may be pleased to dispose of the Writ Petition upholding Exts.P3 and R3(b) and with directions to close down the Pig Farm run by the 6th respondent.” 4. This Honourable Court may be pleased to dispose of the Writ Petition upholding Exts.P3 and R3(b) and with directions to close down the Pig Farm run by the 6th respondent.” 4. After adverting to the pleadings, rival submissions and documents, by recording a finding that 6th respondent therein did not obtain consent from the Pollution Control Board to operate piggery or requisite D & O Licence from the Panchayat, and taking note of the interim order granted on 4.9.2019, to close down, ultimately, the writ court by order in W.P(C).No.20395 of 2019 dated 26.9.2019, disposed of the writ petition, confirming the interim order stated supra, however, granting liberty to 6th respondent to pursue all remedies so as to obtain all the necessary licence and consent from all the statutory authorities including Vannappuram Grama Panchayat, second respondent therein and Pollution Control Board, in terms of law, for which purpose all her contentions are left open. 5. Being aggrieved, instant writ appeal is filed. Though Mr. Sreekumar Chelur, learned counsel for the appellant, made a feeble attempt for reversal of judgment of writ court, we are not inclined to accept the same. Rules 3, 6 and 7 of the Kerala Panchayat Raj (Licensing of Livestock Farms) Rules, 2012 (translated version) read thus: “3. Establishing and operating live stock farm would be an act of nuisance:- (1). As per Section 232 of Kerala Panchayath Raj Act 1994, establishing and operating a live stock farm, growing or intended to grow animals or birds more than the number stated below would be an act of nuisance requiring licence from the Grama Panchayath, i.e:- (i) Cattle Farm : Five animals (ii) Goat Farm : Twenty animals (iii) Pig Farm : Five animals (iv) Rabbit Farm : Twenty five animals (v) Poultry Farm : Hundred birds (2). No person shall establish or operate live stock farm growing animals and birds with more number of animals than it is stated in the sub rule (1), without the licence issued by the secretary, and not complying to the stipulation furnished in such licence and in this rule. (3). A person who has obtained licence to operate a pig farm shall not require licence to grow or look after pigs as per Kerala Panchayath Raj (licensing of pigs and dogs ) Rules, 1998. (4). (3). A person who has obtained licence to operate a pig farm shall not require licence to grow or look after pigs as per Kerala Panchayath Raj (licensing of pigs and dogs ) Rules, 1998. (4). No one shall operate a poultry farm or get involved in activities related to poultry within the limits of four kilometer around the water bodies declared by the government as habitation to migrant birds. 6. Application for obtaining permission for starting livestock farm.-- (1) Any person who wish to start any livestock farm or wish to build any building or shed for that purpose shall submit an application in Form-1 before the Secretary for obtaining permission of the Grama Panchayath. (2) In the application as per sub rule (1), the species and number of the animals or birds intended to rear in the farm, the area of the land available for this purpose, the description of the building or shed built or supposed to build (including its ground area), the intended Waste Management arrangements and the people inhabitation in the surroundings shall be included. The plans of the buildings, sheds and the sketch of the land shall be enclosed with the application. (3) As soon as on having received the application, but within the expiry of 30 days,--- (i) the application can be permitted as per the conditions stipulated in this rules and as per any other conditions deem to be necessary, or (ii) If in the opinion of the Secretary, commencing of farm in the said locality is not permissible as it will cause environment pollution, nuisance or public health issues, an Inspection Report from the District Medical Officer or the District Authority of the Kerala State Pollution Control Board shall be obtained and on the basis of it, the application shall be allowed or denied. (4) The Secretary shall communicate the order of granting permission or denial in writing to the applicant and its details shall be presented before the Grama Panchayath Governing Body in the first subsequent meeting. 7. The application of licence for commencing the livestock farm,- (1) Any person who granted with the permission of Grama Panchayath as per rule 6 for commencing livestock farm, shall submit application of licence commencing farm before the Secretary in Form-2 after making arrangement for the same. 7. The application of licence for commencing the livestock farm,- (1) Any person who granted with the permission of Grama Panchayath as per rule 6 for commencing livestock farm, shall submit application of licence commencing farm before the Secretary in Form-2 after making arrangement for the same. (2) The Secretary being convinced himself on conducting sufficient enquiries that the applicant has fully complied the conditions stipulated in these rules and the conditions in the order of granting permission as per rule 6, shall issue licence as per his application in Form-3 or deny his application in writing stating the reasons of the same. The conditions stipulated in granting licence shall be the terms of licence thus granted. The Secretary shall record the details of the licences granted, in the Register kept for that purpose. (3) For each licence granted as per sub rule (2) fees shall be levied as shown in the table below. Table Serial Number The class of farm Licence fees Cattle farm (Rupees) Goat farm (Rupees) Pig farm (Rupees) Rabbit farm (Rupees) Poultry farm (Rupees) 1 I 100 100 100 100 100 2 II 250 250 250 150 150 3 III 300 300 300 200 200 4 IV 500 500 500 250 250 5 V 1,000 1,000 1,000 350 350 6 VI 2,000 2,000 2,000 500 500 Note :--In the case of an integrated farm, based on the number of animal or birds or both of it, the licence fees leviable shall be the total amount licence fees applicable for such (classes of) farms. (4) The period of a licence granted as per sub rule (2), if not renewed as per sub rule (5) will expire at the end of the financial year in which it is granted. (5) As per the sub rule (2), the application for the renewal of licence granted shall be submitted within 30 days before the ending of each financial year and the Secretary on having convinced himself that the farm is operated by complying all the conditions stipulated in these rules and the conditions stipulated while the permission for starting farm was granted, shall renew the licence for the coming financial year. In this manner the Secretary shall renew the licence for the subsequent financial year as well. In this manner the Secretary shall renew the licence for the subsequent financial year as well. (6) The Grama Panchayat shall levy fees for the renewal of licence in each financial years at the rate specified in sub rule (3).” 6. Copy of the complaint filed by the writ petitioner before the 4th respondent reads as follows : “Biju, Kallunkal house is conducting a Pig Farm of thousands of pigs without license from Panchayat and permissions from related authorities in IHDP Pattayakkudi colony, Ward No.3 in Vannappuram Panchayat. The pigs are fed from the hotel waste, meat/chicken shop waste brought from other districts. The waste water from the pig farm is pumped at night into the thodu (canal) used by us for taking bath, washing cloths and during summer obtaining drinking water by digging small wells are being fully contaminated. The said water has now turned into waste water not useful for taking bath or washing cloths. The food waste of the pig from the farm are spread in the nearby areas by crows, other birds and animals. The area is having foul smell in a alarming ratio. The residents of the colony are unable to take food in their homes due to the foul smell. The water in the thodu is having foul smell. If the situation continue it can lead to spread of contagious disease among the residents of the colony. Therefore it requested to stop/close down the unathorized functioning of the pig farm.” 7. Notice dated 21.6.2016 issued by the Secretary, Vannappuram Grama Panchayat to the 6th respondent/appellant, reads thus: “NOTICE Intimation to Smt. Bindhu Thomas, Kallunkal, Pulikkathotty, residing in Vannapuram Grama Panchayat. Report is obtained on enquiry conducted as per the directions of the District Collector by the health department of Vannappuram Grama Panchayat on the complaint submitted by the Elder (Ooru Moopan) Jayrajan for the residents of IHDP colony against the conducting a Pig Farm having about 400 pigs in the contaminated conditions by you in Pattayakudi area, Ward No.3 in Vannappuram Panchayat without obtaining license from the Panchayat and health problems are occurring and during rainy season waste water is flowing/entering the nearby places. Though you were issued with notice to close down the pig farm being run without license of the Panchayat, the same has not yet been closed down nor not obtained license for the same. Though you were issued with notice to close down the pig farm being run without license of the Panchayat, the same has not yet been closed down nor not obtained license for the same. Therefore it is directed to close down the pig farm within 15 days of receipt of this notice and intimate the same with in writing to this office otherwise without further notice steps will be taken as per the Kerala Panchayat Raj (Pigs and Dogs Licensing) Rules. Secretary Sd/- Vannappuram Grama Panchayat” 8. Perusal of the counter affidavit filed by respondents 2, 3 and 5 in the writ petition shows that the 6th respondent/appellant, has not obtained any licence as provided under Rules 3, 6 and 7 of the Kerala Panchayat (Licensing of Live Stock Farms) Rules 2012 or under Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. Respondents have further contended that the pig farm was conducting without complying the mandate under Rules 4 and 5 of Live Stock Farm Rules and thereby likely to cause serious health hazards to local people. Respondents have further contended that Panchayat Medical Officer has reported that conduct of pig farm was causing contamination of water causing unhealthy condition in the area. For the above said contentions, respondents 2, 3 and 5 have relied on a report of the Medical Officer, Primary Health Centre, Vannappuram dated 17.6.2019 addressed to the Secretary, Vannappuram Grama Panchayat, which reads thus: “Enquiry report of the above referred complaint received along with the letter from the Panchayat. The above said Complaint was enquired directly by the Health Inspector, Junior Health Inspectors of this department on 14/06/2019. The facts understood in the said enquiry are mentioned below: 1. The farm is functioning without license. 2. There are 400 pigs (including piglets) 3. Waste management There is gas plant for collecting waste from the pig shed. There is septic tank for collecting slurry. There is another big mud tank for collecting water flowing from the septic tank. In addition to that there are pits dug in the soil for removing and covering when the septic tank is full. There is also incinerator for burning the plastic and other waste collected from the waste brought for giving to the pigs. 4. There is unnatural smell for the water of the thodu (canal). In addition to that there are pits dug in the soil for removing and covering when the septic tank is full. There is also incinerator for burning the plastic and other waste collected from the waste brought for giving to the pigs. 4. There is unnatural smell for the water of the thodu (canal). Since there is unnatural smell for the water of the thodu (canal) flowing below the farm, the said water cannot be used for other purposes. Therefore the place shown by the complainant of the thodu (canal) till the farm was inspected it cold not be found the waste being made to flow, or had flown. However when heavy rains occur it is possible to flow the waste water near the farm to the thodu (canal). Not only that it is also possible to overlfow the waste falling at the place where the vehicles bringing the waste is stationed though the waste are flown to the pits, at the time of heavy rains. It is also possible to leak the smell of the waste through the water during rains since the land is of the mud with rock where the slurry and waste are dug and covered. Therefore under the above circumstances directions were issued to reduce the number of pigs and to keep the area clean without any waste water flowing from the farm and to make arrangements for the same. This enquiry report is submitted for your intimation and for further steps.” 9. Before the writ court respondents 2, 3 and 5, in their counter affidavit have further submitted that notice dated 21.6.2019 was issued to the 6th respondent to close down the pig farm, failing which action would be taken under Kerala Panchayat Raj (Licensing of Pigs and Dogs) Rules 1998. As 6th respondent had failed to close down the farm, the Panchayat again issued notice directing to demolish the building and to close down the pig farm and also of their intention to initiate legal proceedings against the 6th respondent. Proceedings dated 24.7.2019 is extracted hereunder : “Notice Intimation to Smt. Bindhu Thomas, Kallunkal Pulikkathotty P.O., residing in Vannappuram Grama Panchayat. You are conducting pig farm in Ward No.3 in Vannappuram Panchayat illegally without obtaining license from the panchayat. Proceedings dated 24.7.2019 is extracted hereunder : “Notice Intimation to Smt. Bindhu Thomas, Kallunkal Pulikkathotty P.O., residing in Vannappuram Grama Panchayat. You are conducting pig farm in Ward No.3 in Vannappuram Panchayat illegally without obtaining license from the panchayat. You were issued with notice dated 21.6.2019 to stop functioning of the said farm and your request for sanctioning more time to stop functioning of the farm was examined by the Panchayat and the same cannot be approved. As per the building rules 4, 5 & 7 came into force vide GO(MS) 41/11/LSGD dated 14.02.2011 the construction works in the Panchayat is to be done only on getting previous sanction from it. However you have not submitted application for doing the construction work or regularisation of the construction done till this date. In addition to that you have not obtained sanction of the panchayat for running live stock farm as per the Panchayat Raj 2012 Rules for giving licence to Live stock Farms-rule 6. You were given in your reply that steps will be taken within one month for taking licence. Hence you are given order to stop forthwith the functioning of the farm being conducted by you illegally and without obtaining any licence, harming the public and demolish the illegal construction made by you and communicate the same in writing. In case of any reason for not confirming the order you are to submit the explanation within 15 days of receipt of this notice in writing or being present directly. Otherwise it is informed that as per Section 235-W of the Kerala Panchayat Raj Act further steps will be taken and you will be liable for all the losses and hardship.” 10. Besides, the Environmental Engineer, 4th respondent has also filed a report dated 2.9.2019 stating that conduct of pig farm has caused pollution. Report dated 2.9.2019 is extracted hereunder: “Report filed by Eby Varghese, aged 47 years, s/o T.V. Varghese, working as Environmental Engineer, Kerala State Pollution Control Board (hereinafter referred to as Board), District office, Idukki, 4th respondent in the above case, as directed by this honourable court on 1.8.2019. 2. The above writ petition has been filed by the petitioner inter-alia for a direction to this respondent to asses the damage caused to the environment due to the illegal functioning of the pig farm by the 6th respondent. 2. The above writ petition has been filed by the petitioner inter-alia for a direction to this respondent to asses the damage caused to the environment due to the illegal functioning of the pig farm by the 6th respondent. It is submitted that the 6th respondent had applied for consent to operate a pig farm for rearing 400 pigs on 30.12.2018. The pig farm was inspected on 12.6.2019 based on the consent application. During inspection it was noticed that the number of pigs were more than 400. There were two biogas plants of 25M2 capacity each installed in the unit. Mixed waste containing food waste and plastic waste were seen collected from units and the plastic waste being dumped within the premises of the farm in a callous manner. A small stream, flowing near the farm was found to be polluted due to waste from the farm. Foul smell was noticed in the stream. This may be due to infiltration of the waste deposited in earthen pits within the farm close to the stream. Various complaints were received from the local residents including persons belonging to the tribal community. Another inspection was conducted on 03.07.2019 based on the complaint received and found that the waste disposal facilities provided in the farm is found inadequate. Hence, a notice dated 04.07.2019 was issued to the unit. True copy of the said Notice dated 4.7.2019 is produced herewith and marked as Annexure R4(a). 3. A reply was received from the unit on 12.7.2019 stating that facilities have been provided for washing of plastic before sending to recycling units. Further it is stated that a compost unit for balance food waste and a tank of 2 lakh litre capacity for collection of waste water have been established in the unit. A copy of the reply dated 12.7.2019 received from the unit is produced herewith and marked as Annexure R4(b). 4. Based on Annexure R4(b) reply, another inspection was conducted on 16.7.2019 and 27.7.2019. During inspections the number of pigs were found to be reduced to 368 and there were 40 piglets in the unit. During inspection it was noticed that the facility provided for liquid waste disposal was no adequate and the facility for solid waste disposal was not scientific. The excess food waste was found deposited in earthern pits at different locations. During inspections the number of pigs were found to be reduced to 368 and there were 40 piglets in the unit. During inspection it was noticed that the facility provided for liquid waste disposal was no adequate and the facility for solid waste disposal was not scientific. The excess food waste was found deposited in earthern pits at different locations. Final treated effluent was collected and the parameter found exceeding the limits. A true copy of the analysis report dated 2.8.2019 of the water sample collected is produced herewith and marked as Annexure R4(c). Hence, the unit was directed to take the following steps to abate the pollution caused: 1. Produce a corrected site plan showing the exact location of the unit. 2. Restrict the number of pigs in accordance with capacity of the biogas plat or enhance the capacity of the liquid waste treatment facility. 3. Provide scientific solid waste processing facility for treating the excess food waste. 4. Process the food waste deposited in earthern pits by applying scientific composting methods. 5. Restrict incoming food waste based on the number of pigs. 6. Do not deposit food waste in earthen pits. 7. Take steps in order to achieve the standard for treated effluent from biogas plant. 8. Provide additional facility for disposing the overflow from biogas plant. 9. Keep the farm and premises in hygienic condition. 5. The direction issued to the unit as per communication dated 6.8.2019 is produced herewith and marked as Annexure R4(d). The unit has replied to the direction by letter dated 21.8.2019 stating that all the defects noted in the directions were rectified. A copy of the reply issued by the 6th respondent dated 21.8.2019 is produced herewith and marked as Annexure R4(e). 6. Since the reply is not specific, further direction dated 27.8.2019 has been issued to the unit to submit the details of the additional steps taken in order to abate the pollution caused. True copy of the direction issued as per communication dated 27.8.2019 is produced herewith and marked as Annexure R4(f). Further inspection will be conducted on receiving the reply. 7. Meanwhile, a meeting had been conducted at Community Hall Pattayakkudy Tribal School on 24.8.2019 organized by the District Legal Service Authority based on complaint from local people. True copy of the direction issued as per communication dated 27.8.2019 is produced herewith and marked as Annexure R4(f). Further inspection will be conducted on receiving the reply. 7. Meanwhile, a meeting had been conducted at Community Hall Pattayakkudy Tribal School on 24.8.2019 organized by the District Legal Service Authority based on complaint from local people. Further site inspection and an adalath are scheduled on 4.9.2019 at District Legal Service Authority Office in which Environmental engineer is the 9th respondent.” 11. A perusal of the material on record, particularly the report filed by Environmental Engineer, 4th respondent and the counter affidavit filed by the respondents 2, 3 and 5 makes it abundantly clear that pig farm run by 6th respondent was without any licence from the competent authorities, under the rules stated supra and that there was no consent from the Pollution Control Board either. 12. In the light of the above discussion, decision of the writ court confirming the interim order dated 4.9.2019 and ordering the Writ Petition No.20395 of 2019 for a prayer to close down the pig farm operated by 6th respondent, cannot be said to be erroneous warranting interference. Writ Appeal is dismissed.