Vipin Devassya vs The Kurichy Grama Panchayat
2021 Latest Caselaw 12217 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

   FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                     WP(C).No.10340 OF 2021(N)


PETITIONER/S:

               VIPIN DEVASSYA, AGED 42 YEARS,
               S/O.P.V.DEVASSYA, PAZHAYAKALAM HOUSE, KURICHI
               VILLAGE, CHANGANASSERY TALUK, KOTTAYAM - 686 532
               REPRESENTED BY POWER OF ATTONEY HOLDER PRIYAMOL
               JOSEPH, AGED 41 YEARS, W/O.VIPIN DEVASSYA,
               PAZHAYAKALAM HOUSE, KURICHI VILLAGE,
               CHANGANASSERY TALUK, KOTTAYAM - 686 532.

               BY ADVS.
               SRI.K.SHAJ
               SRI.RENJIT GEORGE
               SRI.C.IJLAL
               SRI.ARUN CHAND
               SHRI.VINAYAK G MENON
               SHRI.BHARAT VIJAY P.
               SHRI.MAJID MUHAMMED K.

RESPONDENTS:

      1        THE KURICHY GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY, KURUICHY,
               CHANGANASSERY TALUK, KOTTAYAM - 686 532.

      2        THE SECRETARY, KURICHY GRAMA PANCHAYAT
               KURUCHY, CHANGANASSERY TALUK, KOTTAYAM - 686 532.

      3        THE DISTRICT MEDICAL OFFICER
               DISTRICT MEDICAL OFFICE, KOTTAYAM - 686 001.

      4        THE ENVIRONMENTAL ENGINEER
               KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
               OFFICE, V PUBLISHERS BUILDING, SREENIVASA IYER
               ROAD, KOTTAYAM - 686 001.

      5        THE ASSISTANT COMMISSIONER OF FOOD SAFETY,
               OFFICE OF THE ASSISTANT COMMISSIONER OF FOOD
               SAFETY, 1ST FLOOR, NEAR DYSP OFFICE, CIVIL
               STATION, KOTTAYAM - 686 001.

      6        THE FOOD SAFETY OFFICER
               OFFICE OF THE FOOD SAFETY OFFICER, KOTTAYAM
 W.P.(C).No.10340 of 2021
                            2


            CIRCLE, REVENUE TOWER, CHANGANACHERRY - 686
            101.

     7      AJI N.NAIR
            MANIMANTHIRAM HOUSE, ITHITHANAM P.O.,
            KURICHY, CHANGANASSERY - 686 532.

     8      ANJU ANEESH
            SHENOYS FISH HUB, MANDIRAKAVALA, KURICHY,
            CHANGANASSERY - 686 532.


     THIS   WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION   ON 23.04.2021, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.10340 of 2021
                                 3




                P.V.KUNHIKRISHNAN (J)
   --------------------------------------------------------
                  W.P.(C).No.10340 of 2021
   --------------------------------------------------------------
            Dated this the 23rd day of April 2021


                          JUDGMENT

This writ petition is filed seeking following prayers:-

" A. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to conclude the proceedings pursuant to Exhibits P5 and P7 notices;

B. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to immediately stop the illegal sale of fish and meat by the respondents 7 and 8 in the premises adjoining the property of the petitioner;

C. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 6th respondent to W.P.(C).No.10340 of 2021

comply with Exhibit P6 notice and to conduct inspect in the premises of the respondents 7 and 8 wherein illegal sale of fish and meat are being conducted.

        D    to pass such other writ order or direction
             that this Hon'ble       Court may deem fit
             and     proper     in     the   facts   and
             circumstances of the case.

E. and to award the cost of this petition to the petitioner."

2. When the matter came up for consideration, the

counsel for the petitioner submitted that he will be

satisfied, if a direction is issued to the Panchayath to

conclude the proceedings based on Exhibits P5 and P7.

I think that prayer can be allowed.

Therefore, this writ petition is disposed, directing

the second respondent to conclude the proceedings

initiated as per Exhibits P5 and P7 as expeditiously as

possible, at any rate, within a period of one month from

the date of receipt of a copy of this judgment. The W.P.(C).No.10340 of 2021

second respondent will hear all the affected parties

before concluding the proceedings.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE SPV W.P.(C).No.10340 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOGRAPHS OF THE FISH AND MEAT MARKET BY NAME "SHENNOYS FISH HUB" CONDUCTED BY THE RESPONDENTS 7 AND 8.

EXHIBIT P2 THE TRUE COPY OF COMPLAINT DATED 17/02/2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF COMPLAINT DATED 17/02/2021 FILED BY THE PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF COMPLAINT DATED 17/02/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA.

EXHIBIT P5 THE TRUE COPY OF NOTICE NO.A6-4259-20 DATED 20/02/2021 WAS ISSUED BY THE 2ND RESPONDENT TO THE 8TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF NOTICE NO.A6-4259/2020 DATED 10/03/2021 WAS SENT BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF NOTICE NO.A6-4259-20 DATED 17/03/2021 WAS ISSUED BY THE 2ND RESPONDENT TO THE 8TH RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE