IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 14618 OF 2022
PETITIONER:
SARATH CHANDRAN
AGED 27 YEARS
S/O JAYACHANDRAN PILLAI,
KRISHNA KRIPA, KADAVAROM, KARUKONE.P.O,
ALAYAMON, PUNALUR TALUK, KOLLAM DISTRICT.
BY ADVS.
S.SREEJITH
ASHA JYOTHY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE,
KOLLAM DISTRICT,
PIN-691013.
2 THE SECRETARY,
ALAYAMON GRAMAPANCHAYAT, PANCHAYAT OFFICE,
ALAYAMON, ANCHAL,
PUNALUR TALUK, KOLLAM DISTRICT,PIN-691306.
3 SIRAJUDEEN,
AGED 45 YEARS
BISMI MANZIL, AYILARA, YEROOR, PUNALUR TALUK,
KOLLAM DISTRICT-691312.
4 ABDUL WAHID,
AGED 50 YEARS
S/O MEERAN, ASIBA MANZIL, KADAVAROM, KARUKONE.P.O,
PUNALUR TALUK, KOLLAM DISTRICT-691306.
BY ADVS.
K.S.ARUN KUMAR
RAJEE P MATHEWS
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14618 OF 2022
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 14618 of 2022
----------------------------------------------
Dated this the 09th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue writ of mandamus or other appropriate writ or direction to the 2nd Respondent to consider Exhibit P3 representation/petition within the time period fixed by this Honourable Court.
(ii) Issue writ of mandamus or other appropriate writ or direction to the 2 nd Respondent to take steps to stop the illegal slaughter house and meat stall run by the 3rd Respondent at Kadavarom Junction, Alayamon Panchayat;
(iii) Pass such other reliefs, as it may deem fit, in the interest of justice."[SIC]
2. The first prayer in the writ petition is to consider Ext.P3 representation by the 2nd respondent.
The second prayer is to take steps to stop the illegal slaughter house and meat stall run by the 3rd respondent at Kadavarom Junction, Alayamon Panchayat. The counsel appearing for the contesting respondent WP(C) NO. 14618 OF 2022 3 submitted that there is a valid licence to the 3rd respondent. The counsel appearing for the Panchayat submitted that there is licence. But the counsel for the petitioner contended that there is violation and the petitioner obtained information under the Right to Information Act also to substantiate his case. Since the petitioner already submitted Ext.P3 representation, these matters can be considered by the Panchayat, after giving an opportunity of hearing to the petitioner and other affected parties.
Therefore this writ petition is disposed of in the following manner:
i. The 2nd respondent is directed to consider Ext.P3 representation and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.
ii. Before passing final orders, the 2nd respondent will give an opportunity of hearing to the petitioner and respondents 3 and 4. WP(C) NO. 14618 OF 2022 4 iii. The petitioner and the contesting respondents are free to file additional statements and documents to substantiate their case..
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14618 OF 2022 5 APPENDIX OF WP(C) 14618/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION DATED 04.04.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SECRETARY.
EXHIBIT P2(A) PHOTOGRAPHS OF THE SLAUGHTER HOUSE AND THE MEAT STALL RUN BY THE 3RD TO P2(C) RESPONDENT EXHIBIT P3 TRUE COPY OF THE PETITION DATED 16.04.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE