Kerala High Court
Abdullakutty K vs State Of Kerala on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 24430 OF 2013
PETITIONER:
ABDULLAKUTTY K., AGED 46 YEARS
S/O.POKKER HAJI,KARUVALLIKUNNU HOUSE,
MOOLAMKAVU.P.O,SULTHAN BATHERY,WAYANAD DISTRICT-673592.
BY ADV SRI.MATHEW KURIAKOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 SULTHAN BATHERY GRAMA PANCHAYATH
SULTHAN BATHERY.P.O,
WAYANAD DISRTRICT-673592,REPRESENTED BY ITS SECRETARY.
3 CIRCLE INSPECTOR OF POLICE
SULTHAN BATHERY POLICE STATION,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592.
4 ZACHARIA
AGED 42 YEARS
S/O.AHAMMED KOYA,MANNIL,MALAVEL,POOMALA.P.O,
SULTHAN BATHERY,WAYANAD DISTRICT-673592,
(STALL NO.13,MANIKUNY MARKET).
5 ANDRU.K.K
AGED 65 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER
KUNDAKKOOL,P.O.SULTHAN
BNATHERY,KALLUVAYAL,WAYANADDISTRICT-673592(STALL
NO.3,MANIKUNY MARKET)
6 ANWAR SADATH BAVA
AGED 41 YEARS
S/O.K.K.ANDRU,KUNDAKOOL,P.O.SULTHAN BATHERY,WAYANAD
DISTRICT-673592,(STALL NO.5,MANIKUNY MARKET).
2
WP(C) NO. 24430 OF 2013
7 ANWAR
AGED 35 YEARS
S/O.AHAMMED KOYA,MANNIL,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592,
(STALL NO.5,KOTTAKKUNNU MARKET).
8 HAMSA.T.C
AGED 50 YEARS
S/O.MUHAMMED,STALL NO.4,KOTTAKKUNNU MARKET,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592.
9 RAFI
AGE AND FATHER NAME NOT KNOWN TO THE PETITIONER,
NAME NOT KNOWN TO THE PETITIONER STALL NO.6,
MANIKUNNY MARKET,
SULTHAN BATHERY.P.O, WAYANAD DISTRICT-673592.
10 SULAIMAN MANNIL
AGED 50 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
STALL NO.11,MANIKUNY MARKET,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592.
11 KUNHIKHADER
AGED 55 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
STALL NO.8,MANIKUNY MARKET,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592.
12 AKBAR BABU
AGED 42 YEARS
S/O.VAPPU,PALLIKKUTHU HOUSE,KAIPANCHERRY,
SULTHAN BATHERY.P.O, WAYANAD DISTRICT-673592(STALL
NO.2,MANIKUNY MARKET).
13 POCKER
AGED 60 YEARS
STALL NO.4,MANIKUNI MARKET,
SULTHAN BATHERY.P.O,WAYANAD DISTRICT-673592.
ADDL.14 SULTHAN BATHERY MUNICIPALITY
SULTHAN BATHERY.P.O,
WAYANAD DISRTRICT-673592
ADDL.14TH RESPONDENT IS SUO IMPLEADED AS PER ORDER
3
WP(C) NO. 24430 OF 2013
DATED 16.07.2021.
R1 TO 3 - SRI.SURIN GEORGE IPE,SENIOR GP
ADDL.R14- SRI.T.V.JAYAKUMAR NAMBOODIRI,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
4
WP(C) NO. 24430 OF 2013
JUDGMENT
This writ petition is filed by a resident
within the limits of the formerly Sulthan Batheri
Grama Panchayath, which is a Municipality now.
Eventhough the Sulthan Bathery Grama Panchayath is
impleaded as the 2nd respondent, later the Grama
Panchayath is upgraded as a Municipality and
accordingly, the provisions of the Kerala
Municipality Act, 1994 and the Rules thereto would
be relied upon, especially when no prejudice will
be caused to anyone by doing so.
2. The contention advanced by the petitioner
is that, many slaughter houses and meat shops are
functioning without securing licence in terms of
the provisions of the Kerala Municipality Act, 1994
and the The Kerala Panchayat Raj (Slaughter Houses
and Meat Stalls) Rules, 1996. Therefore, according
to the petitioner by virtue of the Provisions of
the Act and Rules, no slaughter houses and meat
WP(C) NO. 24430 OF 2013
shops can be permitted to be conducted without
securing necessary licences and permits from the
appropriate statutory authorities.
3. When this writ petition was admitted to the
files of this Court an interim order was passed on
05.10.2013, which reads as follows:-
"Admit. Learned Government Pleader takes notice
for R1 & R3. Issue urgent notice by speed post
to R2 and R4 to R13. The 2nd respondent
Panchayath to file a statement as required by
the first interim relief that is sought for,
within a period of two weeks from today.
There shall be an interim direction to the
2nd respondent as prayed for by the second
interim relief."
4. Learned counsel for the petitioner
submitted that, petitioner would be satisfied if
the interim order so passed is made absolute and
the writ petition is disposed of, since the relief
sought for by the petitioner in the writ petition
is innocuous in nature. The issue with respect to
the slaughter houses is dealt with under Sections
452 and 453 of the Kerala Municipality Act, 1994 ,
they reads thus:-
WP(C) NO. 24430 OF 2013
"452. Provision of Municipal Slaughter house.-- (1) Every
Municipality shall provide sufficient number of places for the use as
municipal slaughter houses and may charge rents and fees at such rates as
it may think fit for use thereof. But, if any complaint is received
regarding the conduct of such slaughter houses from nearby residents,
steps shall be taken to start such slaughterhouses only after examining
such complaints in detail.
(2) The Municipality may-
(a) place such slaughter houses under the management of such
persons as may appear to it proper for the collection of such rents and
fees, or.
(b) farm out such collection on such terms and conditions as it
may think fit for any period not exceeding three years at a time.
(3) The Municipality shall make necessary arrangements for maintaining
the municipal slaughter houses in a hygienic manner and for the disposal
of waste.
453. Licence for slaughter house.-- (1) The owner of any place within
a municipal area which is used as a slaughter house for the slaughtering
of animals or for the skinning or cutting up of any carcasses shall, in the
first month of every year or in case of place to be newly opened, one
month before the opening of the same, apply to the Secretary for a
licence.
(2) The Secretary may, by order and subject to such restrictions
and regulations as to supervision and inspection as he thinks fit, grant or
refuse to grant such licence.
(3) Every person to whom a licence has been issued under sub-
section (2) shall maintain the slaughter house in a hygienic manner and
make necessary arrangements for the disposal of waste, failing which, the
Secretary shall cancel the said licence forthwith."
5. Any person who is conducting a slaughter
WP(C) NO. 24430 OF 2013
house and a butcher shop, is liable to take
licences from the Secretary in order to carry on
the business. The case projected by the petitioner
is that, many of the shops are functioning without
licence and it was probably for that reason a
learned Singe Judge of this Court has granted an
interim order directing the Secretary to ensure
that no slaughter houses and butcher shops are
functioning without securing licence from the
Secretary of the Municipality. The Rules specified
above also make it clear that, the Secretary is
duty bound to ensure that such slaughter houses and
butcher shops are functioning after taking
necessary licences and clearances from the
Municipality. Section 469 of the Kerala
Municipality Act, 1994 deals with the butcher's
fishmonger's and poulterer's licence reads thus:-
469. Butcher's fishmonger's and poulterer's Licence.-- (1) No person
shall without or otherwise than in conformity with a licence from a
Municipality carry on the occupation of butcher, fishmonger or poulterer or
use any place for the sale of flesh or fish intended for human food in any
WP(C) NO. 24430 OF 2013
place within a Municipal area:
Provided that no licence shall be required for a place used for the
selling or storing for sale of - 19 preserved fish or flesh kept in airtight and
scaled containers.
(2) The Secretary may, by order and subject to such restrictions as to
supervision and inspection as he thinks fit, grant or refuse to grant such
licence. 38. Substituted for the words by Act 14 of 1999, w.e.f. 24-3-1999.
39. Substituted for the words byAct 14 of 1999, w.e.f. 24-3-1999.
(3) No person shall exhibit or expose to public view for sale or
otherwise, the carcasses or animal or bird (whether dressed or not) in any
licensed premises or in any other place in such a manner as to cause
annoyance or offence to the sense of sight of public.
(4) Every licence granted under sub-section (2) shall, unless an earlier
date is specified therein, expire at the end of the year in which it is granted.
6. Therefore, according to the learned counsel
for the petitioner, unless licences and clearances
are taken by the slaughter houses and butcher
shops, they are not entitled to carry on the
business. I find force in the contention advanced
by the learned counsel for the petitioner. On the
other hand learned counsel for the appearing for
the Municipality submitted that, the Municipality
is making appropriate inspections so as to ensure
that the slaughter houses and butcher shops are
WP(C) NO. 24430 OF 2013
carried on after securing necessary liecences and
clearances from the Municipality.
7. I have considered the rival submissions
made across the Bar and perused the pleadings and
materials on record.
8. The issue raised by the petitioner is
perfectly guided by the provisions discussed above.
Therefore, when a statutory provision is made
empowering the Secretary to ensure that licences
and clearances are secured by the butchers and
slaughter houses, necessarily the Secretary has to
ensure that such shops are functioning after
securing necessary licences and clearances from the
Secretary of the Municipality.
9. In that view of the matter, it is only
appropriate that interim order granted by this
Court is made absolute. Accordingly I do so.
Therefore, there will be a direction to the
Secretary of the Sulthan Bathery Municipality to
WP(C) NO. 24430 OF 2013
ensure that the slaughter houses and meat stalls
are functioning after securing licence and
clearances from the Municipality and other
statutory authorities. I also make it clear that
the Secretary shall conduct periodic inspections in
the slaughter houses and the meat shops functioning
within the limits of the Municipality and ensure
that such shops and slaughter houses are
functioning with adequate licence and clearances
from the Municipality and others.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
WP(C) NO. 24430 OF 2013
APPENDIX OF WP(C) 24430/2013
PETITIONER EXHIBITS
EXT.P1 EXT.P1 TRUE COPY OF THE ORDER DATED
19.7.2013 ISSUED BY THE HON'BLE
OMBUDSMAN
EXT.P2 EXT.P2 TRUE COPY OF THE PHOTOGRAPHS
SHOWING THE MANNER IN WHICH VENDING OF
MEAT IS BEING DONE IN DIFFERENT STALLS
OF THE 2ND RESPONDENT PANCHAYATH ALONG
WITH THE CASH BILL DATED 30.9.2013
ISSUED BY LOYAL DIGITAL STUDIO AND
VEDIO,SULTHAN BATHERY.
EXT.P3 EXT.P3 TRUE COPY OF THE NEWS ITEM
PUBLISHED IN DESABHIMANI DAILY DATED
27.9.2013 ALONG WITH ITS ENGLISH
TRANSLATION.
RESPONDENT'S
NIL
EXHIBITS
