Kerala High Court
T.C. Muhammed Basheer vs S. Bathery Grama Panchayath on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 11721 OF 2009
PETITIONER/S:
1 T.C. MUHAMMED BASHEER
AGED 38 YEARS, S/O.MUHAMMED KUTTY,, POOMALA P.O.,
AMMAYIPALAM, SULTHAN BATHERY.
2 K.K.ANTHRO AGED 65 YEARS SO.
KHADAR, KUNDANKUL HOUSE, S.BATHERY P.O.
3 P.MUHAMMED AGED 60 YEARS
S/O.AHAMMAD KUTTY, PALLIKUNNU HOUSE,, S.BATHERY P.O.
4 K.POKKER AGED 57 YEARS
S/O,KUNJUMUHAMMED, KARAKULAM HOUSE,, NOOLPUZHA P.O.,
S.BATHERY
BY ADV SRI.P.N.PURUSHOTHAMA KAIMAL
SRI. JAYAKUMAR NAMBOOTHIRI T.V.
RESPONDENT/S:
1 S. BATHERY GRAMA PANCHAYATH
ITS SECRETARY, SULTHAN'S BATHERY,, WAYANAD.
2 STATE OF KERALA REPRESENTED BY
ITS SECRETARY, LOCAL SELF GOVT.,, SECRETARIAT,
THIRUVANANTHAPURAM.
3 SUPERINTENDENT OF POLICE
WAYANAD.
ADDL.R3 IS IMPLEADED AS PER ORDER DATED 12.11.2009 IN W.P.C
NO.11721 OF 2009.
R1 BY SRI. K.M.SATHYANATHA MENON
R2 & R3 BY SRI. JACOB E.SIMON, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11721 OF 2009
-2-
JUDGMENT
Petitioners are licenced meat vendors in Sulthan Bathery
market within the territorial limits of the Sulthan Bathery Grama
Panchayat. Later Sulthan Bathery Grama Panchayat was
upgraded as a Municipality. The grievance of the petitioners is
that, the Grama Panchayat had inaugurated a slaughter house on
13.07.2000, but, which has not been open to the meat vendors so
far. The allegation is that the intention of the Panchayat is to
avoid the petitioners from conducting slaughterhouses and the
meat shop in the new building complex. The contention
advanced is that, later the Grama Panchayat has issued Ext.P8
order dated 21.03.2009, on the basis of the directions issued by
this Court to close down all meat stalls functioning without any
licence, and therefore, directed all the meat stall owners
functioning in the Kottakkunnu market operated by the
Panchayat on 31.03.2009, to close down all meat stalls
conducted without license and report the matter to the
Panchayat. It is thus challenging the legality and correctness of
WP(C) NO. 11721 OF 2009
Ext.P8 order, this writ petition is filed.
2. Since the learned Counsel appeared for the petitioners
died, on 01.12.2017, this Court directed the Registry to issue
notice to the petitioners to enable them to make alternative
arrangements if they are desirous of pursuing the writ petition.
Thereafter, service was complete, however, there is no
representation for the petitioners.
3. The Panchayat has filed a counter affidavit and an
additional affidavit basically refuting the allegations made in the
writ petition, and also submitting that the slaughterhouses and
fish and meat shop at Manikkuni market in Sulthan Bathery was
constructed with all modern facilities spending Rs.25 lakhs and
the inauguration of the slaughter house was scheduled to be
conducted and notice was published in respect of the same.
However, the inauguration could not be conducted due to the
agitations that have taken place against the opening of the
market. Anyhow, I am not going into the details of the same
since, learned Counsel appearing for the present Sulthan
WP(C) NO. 11721 OF 2009
Bathery Municipality, Sri. Jayakumar Namboothiri T.V.,
submitted that the new meat stall cum slaughter house
constructed in the Manikkuni market is not functional and that
the constructions were destroyed due to the non use of the same.
4. The State Government has filed a counter affidavit basically
supporting the said contention advanced. Anyhow, along with
the counter affidavit, a report drawn by the Additional Director
of Panchayats and Vigilance Officer is produced, which is self
explanatory and therefore, I think it is only appropriate that the
said report is extracted for convenience and for future purposes.
THE REPORT ON THE FUNCTIONING OF THE SLAUGHTER HOUSE IN
SULTANBETHERI GRAMA PANCHAYAT
The Hon'ble High Court in its Order No. W.P.(e)
No.11721 of b 3/12/2009, has directed the Government to
conduct a comprehensive enquiry through the competent
officer in the Local Self Government Department preferably
through its Vigilance wing, in relation to the allegations in
the Writ Petition and file a detailed affidavit regarding the
probable loss occasioned to the panchayat by the enormous
delay in putting the slaughter house into operation and also
for the stagnation of funds spent for making slaughter
house. Accordingly, government in its letter No.
28910/DB2/LSGD dated 21/12/2009 authorised the
WP(C) NO. 11721 OF 2009
Additional Director of Panchayats to conduct a
comprehensive enquiry in the above lines as ordered by the
Hon'ble High Court and to submit enquiry report to the
Government.
2) The main allegations included in the writ petition
are summarised as follows:
I) The slaughterhouse was constructed by Sulthan Bathery
Grama Panchayat for the constant complaints from the
meat vendors as well as the public. The slaughter house
constructed by the Panchayat with all modern facilities to
keep it clean and hygienic was inaugurated on 13/7/2000.
But even after the lapse of 9 years it has not given to meat
vendors for slaughtering of animals, with an oblique motive
to harass the petitioners and close down their shops.
II) Panchayat has constructed slaughterhouse and fish and
meat stall for the convenience of meat merchants. Total
cost of that building is more than Rs.75 lakhs. But due to
some political reasons it is not allotted to the meat vendors.
It cause heavy damage to the Panchayat, meat vendors and
the public.
III) If Ist respondent had given the slaughterhouse to the
meat vendors, slaughtering of animals would have done in
appropriate manner very conveniently. It is serious
dereliction of duty on the part of Panchayat. The above
action of the 1st respondent is with malafide intention to
evict the petitioners from their meat stall somehow or
other.
IV) The issuance of Exhibit P8 order is malafide and with
ulterior motive. Ist respondent has not opened the
slaughter house which was constructed by spending more
than 75 lakhs Rupees with intention to close down the
meat stall and finally allowed the stall to vendors of their
WP(C) NO. 11721 OF 2009
choice. It is a national waste and may be recovered from
the Panchayath members. Now the Panchayath is trying to
prevent the sale of meat during the Easter holidays by the
petitioners.
3) On going through the office records, it will be seen
that as per resolution No. 181 dated 29/12/1998, Grama
Panchayat initially resolved to establish a slaughter house
at the land in R.S.No.208/23, 210, 211 of Sulthan Bathery
Village owned by the Grama Panchayat. Kerala
Agricultural University prepared a plan for a
slaughterhouse. The Superintending Engineer, Building
and Local Works, North Circle, Kozhikode prepared an
estimated report and detailed report for an amount of
Rs.11,00,000/- for the slaughter house with the facilities to
slaughter and handle 21 numbers of cattle, 26 numbers of
goat and sheep's force in. Administrative sanction for the
work was accorded on 11/3/1998 as per G3-11416/98 of
the Director of Panchayats. The work was tendered and
the final tender was approved 68% above the estimated
rate as per resolution No.12/92 dated 31/8/1992. The work
was completed on 7/7/99 and the final bill was passed.
The supplementary works, like compound wall,
electrification, water supply were done in several stages.
The construction of roof slab of the pump house, covering
slab of tank, and drainage were done in separate
estimates. The electrification of the slaughter house was
completed on 16/2/2000, construction of the compound
wall to the slaughterhouse was completed on 16/2/2005.
The Panchayat obtained consent of the Kerala State
pollution Control Board on 30/1/2003 to operate the
slaughter house with validity up to 31/12/2004 and has
decided to open it on 25/2/2003, as per resolution No.372
dated 21/2/2003. The inauguration of the slaughter house
was scheduled to be conducted and notice was published.
But it is reported that the inauguration could not be
WP(C) NO. 11721 OF 2009
conducted due to the protest against the opening of the
slaughter house.
The details of the cost of establishing the slaughter house are
shown below:-
Cost of purchase of land 2.45 Acre at
R.S.No. 208/2A, 210, 211 of Sulthan
Bathery Village. 7,04,375.00
Cost of construction of slaughterhouse
building 15,43,271.00
Cost of construction of roof slab and
pump house 1,16,865.00
Electrification of slaughter house
43,277.00
----------------------
24,07,788.00
Construction of compound wall
and water supply 5,49,271.00
--------------------------
Total 29,57,059.00
==============
4) Though the Panchayat decided to open the
slaughter house on 25/2/2003 as per resolution No.372 dated
21/2/2003, it is seen that the move failed due to the opposition by the local
public, Pursuant to that the Panchayat, as per resolution 381 dated
12/3.2003 appointed a sub committee to have talks with the local public who
were protesting against the opening of the slaughter. house. But thereafter
no pursuant action is seen taken by the Panchayat officials. for a long-time,
to ensure the functioning of the slaughter house. Only after six years,
exactly on 12/5/2009 the panchayat tried to convene a meeting of the local
WP(C) NO. 11721 OF 2009
people to sort-out issues aimed at arriving at a consensus with respect to the
opening of the slaughter house.
5) The undersigned visited the Grama Panchayat on 6/1/2010, and
conducted a spot inspection at the slaughterhouse, Sulthan Betheri. The
various sections and parts of the slaughter house were inspected with the
technical Assistants of Sanitary Inspector, Sulthan Bathery Grama
Panchayat and Assistant Enginer/Oversear and connected files and other
records were also subject to verification. The following records were also
verified.
1. Minutes book of the Sulthan Bathery Grama Panchayat from
12/88 onwards.
2. File No.PW-3742/91 (pages 402) Construction of a slaughter
house in Sulthan Bathery Grama Panchayat.
3. Voucher No.475 &476 of 99-2000 (page 44) Construction of
Roof Slab and pump house.
4. File No.A1-52/2000 dated 13/3/2000 (page: 3-144)P
Electrification of slaughter house.
5. 81.821/02 file pages 28 General file.
6. Voucher No.842/02-03 (Construction of compound wall)
7. M-Book No.37/03-04 (99 pages)
8. M-Book No.19/1999 (101 pages.)
6) The Panchayat is still remitting the Electricity
charges of slaughter houses which comes to an average
Rs.668/- per month. Thus the total fund expended towards
Electricity charges of slaughter house from 1/1/2004 to
01/12/2009comes to Rs.60X668-40080/- while the total
expenditure under establishment of the slaughter house
comes to Rs.29,57,059/-. This is in addition to the revenue
income which would have been received by the Grama
Panchayat if the slaughterhouse had been made functional
the date on which the inauguration was scheduled by the
Grama Panchayat.
WP(C) NO. 11721 OF 2009
7) On the site inspection it is noticed that the whole
electrical wiring system and machineries of the slaughter
house are damaged with the ceiling, floor and wall of the
slaughter house in a dilapidated condition. As of now
without conducting a repair-work of the slaughterhouse and
the reinstalling some machinery and re-wiring the entire
electrical system the slaughter house cannot be made
operational. The Panchayat officials expressed their
preparedness to open the slaughter immediately after
effecting some repairs. The Panchayat has got the approval
of a project for the purpose bearing No.197/09-10 with a
total estimate of Rs.13,00,000/- by District Planning
Committee Wayanad, which is expected to be completed in
6 months.
8) So it is very evident that the allegation raised by
the petitioners that the inauguration took place on
1/3/2000 is baseless. The inauguration of the slaughter
house could not have been conducted due to the agitation
by the people around at Sathramkunnu. It never took
place either on 13/7/2000 or as decided by the Panchayat
on 25/2/2003. As the Panchayat has never opened the
slaughter house, the allegation put up by the petitioners
that, the slaughterhouse, was not given to meat vendors,
intentionally is also false.
9) There have been serious laxity and callousness
coupled with a lukewarm approach in discharging
mandatory functions on the part of the Panchayat
Committee in not taking effective steps to operate the
slaughter house.
10) An amount of Rs. 29,57,059/ +48,096 as on
1.12.2009, has been spent towards the establishment
WP(C) NO. 11721 OF 2009
and maintenance of the slaughter house so far. This
amount, on an annual basis with 14 % interest thereon is
worked out applying the following formula.
Establishment charges+ Electricity Charges X Interest 14%
100 X years
Hence the probable cumulative loss incurred to the
Grama Panchayat on account of the delay in making
the slaughter house operational and also for the idle
investment for the construction of slaughter house is
arrived at as follows:
A) (i) Amount for the establishment
of slaughter house is - 29.57,059/-+(a)
(ii) Interest @ 14% from 25..2..2003
(the date on which inauguration
proposed) to 31..12..2009.
(taken to be 7 completed years) as -28,97,918/-(b)
Total 58,54,977/
B)(i) Electricity charges from 1..1..2004 to
1..12..2009 (Rs.668/- on an average Per month
for 6 years) 668X12X6 years 48,096/-+ ©
(C) Probable loss towards establishment- A+B
(a+b+c) Gross Total 59,03,073/
==============
WP(C) NO. 11721 OF 2009
Therefore, the cumulative loss towards the
establishment of slaughterhouse is worked out to be Rs.
59,03,073/
If any expenditure on account of the proposed repair
work of the slaughter house will be an addition to the loss
worked out above.
5. Learned Counsel for the present Sulthan Bathery
Municipality submitted that the 1st petitioner is conducting a
meat stall with licence. Anyhow, petitioners cannot be heard to
say that they can conduct a meat stall without securing licence
from the Panchayat/Municipality, because the issue is clearly
guided by Sections 229, 230, 230A and 231 of the Kerala
Panchayat Raj Act, 1994, and the provisions of Kerala Panchayat
Raj (SlaughterHouse and Meat Stall) Rules, 1996. Section 230
of the Act, 1994 clearly specifies that the owner of any place
within the village Panchayat area which is used as a
slaughterhouse 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 the case of a place to be newly opened one
month before the opening of the same apply to the Village
WP(C) NO. 11721 OF 2009
Panchayat for a licence. Prior to the amendment the said power
was conferred on the Secretary. The Rules also clearly specifies
the manner in which the licence is to be granted for butchers.
Rule 6 of Rules 1996 clearly specifies that no person shall be
permitted for slaughtering animals in the slaughterhouse except
without a licence in Form I issued by the Secretary. It also
specifies that the applicant shall pay fee for grant of licence and
furnish along with the application a certificate obtained from an
Alopathy Doctor not below the rank of an Assistant Surgeon to
prove that he is not infected with any contagious diseases or
having any health problems warranting refusal of licence for
slaughtering animals. Rule 11 of Rules 1996 stipulates that no
person shall be permitted to sell meat in the slaughterhouse or
in its premises, but the non eatable animal parts like horns, skin
etc. may be sold within the yard to the purchasers to whom
permits have been issued by the Secretary or other officer
authorized by him to another yard for the purpose. The other
provisions of the Rules 1996 empower the Municipality
authorities to control and regulate the functioning of the meat
WP(C) NO. 11721 OF 2009
stalls and slaughterhouses. Therefore, it is clear that the Ext.P8
notice issued by the Sulthan Bathery Grama Panchayat was in
accordance with law, in view of the fact that no slaughterhouse
or meat stalls can be conducted without securing adequate
licences from the Grama Panchayat/Secretary. Typical are the
provisions contained under Sections 452, 453 and 455 of the
Kerala Municipality Act, 1994.
6. Taking into account the above said factual and legal
aspects, I am of the considered opinion that the petitioners have
not made out any case for interference with Ext.P8 order passed
by the Secretary of the Sulthan Bathery Grama Panchayat.
Needless to say, the writ petition fails, and it is dismissed
accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu
23.11.2021
WP(C) NO. 11721 OF 2009
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE LICENCE OF THE
PETITIONER DATED 19.5.2007
EXHIBIT P2 TRUE PHOTOCOPY OF THE RECEIPT OF THE
LICENCE FEE OF THE 1ST PETITIONER
DATED 3.2.2009
EXHIBIT P3 TRUE PHOTOCOPY OF THE NOTICE OF THE
INAUGURATION DATED 13.7.2000
EXHIBIT P4 TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED TO THE 1ST RESPONDENT DATED
30.7.2007
EXHIBIT P5 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY
THE 1ST RESPONDENT TO 1ST PETITIONER
DATED 25.7.2007
EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT IN
W.P.NO.24357/07 OF THE HON'BLE HIGH
COURT OF KERALA DATED 10.9.2007
EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED TO 1ST RESPONDENT BY 1ST
PETITIONER DATED 17.9.09
EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER
DATED 21.3.2009
EXHIBIT P9 TRUE PHOTOCOPY OF THE MASS PETITION
SUBMITTED TO THE 1ST RESPONDENT DATED
30.3.2009
RESPONDENT'S EXHIBITS:-
EXHIBIT R1(a) TRUE COPY OF THE COMMUNICATION FROM
THE DY.DIRECTOR OF PANCHAYATHS WITH
RESPECT TO THE IMPLEMENTATION OF THE
ORDER RECEIVED BY THIS RESPONDENT ONLY
ON 19.3.2009
EXHIBIT R1(b) TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 1ST RESPONDENT PANCHAYATH
BEFORE THE S.I. OF POLICE,
SULTHANBATHERI DATED 19.5.2009
WP(C) NO. 11721 OF 2009
EXHIBIT R1(c) TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 1ST RESPONDENT PANCHAYATH
BEFORE THE S.I.OF POLICE,
SULTHANBATHERY DATED 12.11.2009
EXHIBIT R2(a) TRUE COPY OF THE REPORT FILED BY THE
ADDITIONAL DIRECTOR OF PANCHAYATS TO
THE GOVERNMENT AS DIRECTED BY THIS
HONOURABLE COURT.
