Dayesh .D vs Perayam Grama Panchayath
2021 Latest Caselaw 14311 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                             WP(C) NO. 13437 OF 2021
PETITIONER:

              VINCENT
              AGED 74 YEARS
              S/O YOHANNAN, THENGUVILA, KUMBALAM PO, PERAYAM, KOLLAM -
              691503.

              BY ADVS.
              PRATHEESH.P
              S.REKHA KUMARI
              ANJANA KANNATH



RESPONDENTS:

     1        PERAYAM GRAMA PANCHAYATH
              MULAVANA PO, KOLLAM DISTRICT, PIN 691503, REP. BY ITS
              SECRETARY.

     2        THE SECRETARY, PERAYAM GRAMA PANCHAYATH, MULAVANA PO,
              KOLLAM DISTRICT, PIN 691503.

              BY ADV M.V.BAIJU
              BY ADV SHRI.M.R.SASITH PANICKER, SC, PERAYAM GRAMA
              PANCHAYATH



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.07.2021, ALONG WITH WP(C).4921/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                              WP(C) NO. 4921 OF 2021
PETITIONER:

              DAYESH .D
              AGED 37 YEARS
              S/O. DYNATIOUS, VELI VILA VEEDU, KUMBALAM, MULAVANA, KOLLAM
              - 691503.

              BY ADVS.
              PRATHEESH.P
              SMT.S.REKHA KUMARI
              SMT.ANJANA KANNATH



RESPONDENTS:

     1        PERAYAM GRAMA PANCHAYATH
              MULAVANA P.O, KOLLAM DISTRICT, PIN - 691503, REPRESENTED BY
              ITS SECRETARY.

     2        THE SECRETARY
              PERAYAM GRAMA PANCHAYATH, MULAVANA P.O, KOLLAM DISTRICT,
              PIN - 691503.

              BY ADV SHRI.M.R.SASITH PANICKER, SC, PERAYAM GRAMA
              PANCHAYATH




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.07.2021, ALONG WITH WP(C).13437/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
           ==================
            W. P. (C) No.4921 & 13437 of 2021
           ==================
            Dated this the 8th day of July, 2021

                           JUDGMENT

The relief claimed in these writ petitions

reads thus:-

"To issue a writ of mandamus or appropriate writ, order or direction commanding the respondents to abstain from establishing meat stalls until public slaughter houses or licensed slaughter houses are established within the Perayam Grama Panchayath area as envisaged under Section 229 to 231 of the Panchayath Raj Act and Kerala Panchayath Raj (Slaughter House and Meat Stalls) Rules."

2. The definite allegation of the petitioners

is that there is no public or licensed slaughter

house established within the Panchayat area. The

learned Standing Counsel for the Panchayat does not

dispute the same. This Court in Mathew v. Valakom Grama

Panchayat [2009 (3) KLT 572], referring to the judgment in

John Mathew v. Vechoochira Grama Panchayat [1999 (3) KLT 243], W. P. (C) No.4921 & 13437 of 2021

held thus:-

"12. Being in complete agreement with what is stated in para. 7 of the judgment in John Mathew (supra), all those local self government Institutions (Corporation, Municipality or Panchayat) in the State where there is no slaughter house, are interdicted from auctioning the right to vend meat in public markets until public or licensed slaughter houses are established in accordance with the provisions of the Act and Rules.

13. Since meat is a requirement of the people as an article of food and because it is an obligation on the part of the panchayats to provide for meat stalls in public markets maintained by the panchayats, it is ordered that every Corporation, Municipality and Panchayat shall establish slaughter houses within the limits of each of them and report to this Court within a period of six months."

3. In view of the above, the respondents are

interdicted from auctioning the right to vend meat W. P. (C) No.4921 & 13437 of 2021

in the public market until the public or licensed

slaughter houses are established in accordance with

the provisions of the Panchayat Raj Act and Rules.

Auction, if any held, will not confer any right on

the bidders.

Writ petitions are disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 4921/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE COPY OF THE AUCTION NOTICE BEARING NO.A4-

942/21 DATED 12.02.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 22.02.2021 BEFORE THE 2ND RESPONDENT.

-----

WP(C) NO. 13437 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 THE COPY OF AUCTION NOTICE PUBLISHED IN THE NOTICE BOARD OF THE PANCHAYAT DT. 18.06.21.

EXT.P2 THE COPY OF THE NOTICE, WHICH WAS PUBLISHED IN MALAYALA MANORAMA DAILY ON 24.06.21.

EXT.P3 THE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC 4921/21 DT. 25.02.21.

EXT.P4 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 03.07.21 BEFORE THE 2ND RESPONDENT.

-----