Kerala High Court

Perayam Grama Panchayath vs Vincent on 24 September, 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         Friday, the 24th day of September 2021 / 2nd Aswina, 1943
                            W.A.NO. 1160 OF 2021

 (AGAINST JUDGMENT DATED 08.07.2021 IN W.P.(C)NO.13437/2021 OF THIS COURT)


APPELLANTS/RESPONDENTS:


  1. PERAYAM GRAMA PANCHAYATH, MULAVANA P.O, KOLLAM DISTRICT-
      691503(REPRESENTED BY ITS SECRETARY)
  2. THE SECRETARY, PERAYAM GRAMA PANCHAYATHH, MULAVANA P.O, KOLLAM
     DISTRICT-691503.

BY ADVS. M/S. P.DEEPAK, M.R.SASITH PANICKER, M.R.SARIN PANICKER

RESPONDENT/WRIT PETITIONER:

     VINCENT, AGED 74 YEARS, S/O YOHANNAN, THENGUVILLA, KUMBALAM P.O.,
     PERAYAM, KOLLAM-691503


     Prayer for interim relief in the writ appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim order staying the operation of Impugned judgment dated
08.07.2021 in WP(C)No.13437 of 2021, pending disposal of the above Writ
Appeal.

     This Writ Appeal coming on for admission on 24.09.2021, the court on
the same day passed the following:
                          S.Manikumar, C.J.
                                  &
                          Shaji P.Chaly, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                       W.A.No.1160 of 2021
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 24th day of September, 2021

                                ORDER

S.Manikumar, C.J.

Instant writ appeal is filed being aggrieved by the judgment in

W.P.(C)No.13437 of 2021 dated 08.07.2021, by which a learned single

Judge, after placing reliance on a decision in Mathew v. Valakom

Grama Panchayat reported in 2009 (3) KLT 572 and John Mathew v.

Vechoochira Grama Panchayat reported in 1999 (3) KLT 243, issued

a writ of mandamus interdicting Perayam Grama Panchayat from

auctioning the right to vend meat in the public market until the

public or licensed slaughter houses are established in accordance

with the provisions of the Kerala Panchayat Raj Act and the Rules

framed thereunder. Writ court further ordered that the auction, if

any held, will not confer any right on the bidders.

2. When the matter came up for admission, by inviting the

attention of this court to Sections 229, 230 and 231 of the Kerala

Panchayat Raj Act, Mr.P.Deepak, learned counsel for the Panchayat, W.A.No.1160 of 2021

submitted that establishment of a slaughter house in a village is

only discretionary and not mandatory as interpreted by this court.

3. Referring to Rule 38 of the Kerala Panchayat Raj (Slaughter

Houses and Meat Stalls) Rules, 1996 which stood before and after

20.04.2006, learned counsel further submitted that location of a

slaughter house need not be in that particular village where there is

a meat stall, but suffice that meat offered for sale shall be of

animals slaughtered in a public slaughter house or in a slaughter

house licenses under Section 230 of the Act.

4. He further submitted that the writ petition was disposed of

placing reliance on the decisions in Mathew v. Valakom Grama

Panchayat reported in 2009 (3) KLT 572 and John Mathew v.

Vechoochira Grama Panchayat reported in 1999 (3) KLT 243 and no

opportunity was given to file any detailed statement/counter

affidavit, as the case may be, setting out the statutory provisions

and the amendments to Kerala Panchayat Raj (Slaughter Houses and

Meat Stalls) Rules, 1996.

W.A.No.1160 of 2021

5. Sections 229, 230 and 231 of the Kerala Panchayat Raj Act,

1994 referred to by the learned counsel for the appellants are

reproduced:

"229. Public slaughter houses. - (1) A Village Panchayat may provide places for use as public slaughter houses and charge such rents and fees for their use not exceeding the maximum as may be prescribed:

Provided that if any complaint with respect to the conduct of such slaughter houses has been received from the nearby residents, action for starting such slaughter houses shall be taken only after detailed examination of such complaint.

(2) The Village Panchayat may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

230. Licence for slaughter houses. - (1) The owner of any place within the village panchayat 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 the case of a place to be newly opened one month before the opening of the same, apply to the Village Panchayat for a licence.

(2) The Village Panchayat may, by an 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) Nothing contained in this section shall apply to the slaughter of animals in any concealed place without causing hardship to the public in the Village Panchayat area on occasions of festivals, marriage ceremonies, etc.

230A. Slaughter houses to be maintained properly. -

Every public or licensed slaughter house shall be maintained properly and waste materials therefrom shall be disposed of without causing nuisance to the public, where any violation of W.A.No.1160 of 2021

the conditions of agreement or licence leads to unhygienic condition of the slaughter house, the person concerned may on conviction, be punished with a penalty upto rupees five thousand and a further fine at the rate of rupees five hundred for each day on which the offence is continuing and in case such penalty is imposed continuously for ten days, action can be taken treating the licence as automatically cancelled.

231. Slaughter of animals for sale as food and power of Inspection. - (1) No person shall slaughter within the Village Panchayat area except in a public or licensed slaughter house any cattle, horse, sheep, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the Village Panchayat or dry or permit to be dried any skin in such manner as to cause a nuisance. It shall be ensured that the said slaughter house is kept clean:

Provided that the slaughtered meat kept ready for sale as food shall not be sold except after inspection by the prescribed officers.

Explanation. - Nuisance for the purpose of this section includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right or any animal kept in such a place or manner as to be prejudicial to health.

(2) No person shall exhibit or expose to public view, for sale or otherwise the carcass of animal, bird or fish (whether dressed or not) in any licensed premises or any other place in such a manner as to cause annoyance or offence to the sense of sight of the public.

(3) The President, Secretary or any officer authorised by the Government or by the village panchayat may without notice enter any place where meat or any other article of food is stored for sale and inspect such article."

W.A.No.1160 of 2021

6. Rule 38 of the Kerala Panchayat Raj (Slaughter Houses and

Meat Stalls) Rules, 1996 before its substitution vide SRO 308/2006

with effect from 20/04/2006 read as follows:

"38. Location of meat stalls- (1) All meat stalls vending meat from animals slaughtered in slaughter house in a Panchayath shall be a place within the limit of that Village Panchayat area approved by the Panchayat.

Note-Suitable number of meat stalls shall be constructed in separate places wilhin the market in such a way as to cause no annoyance to the public who frequent the market (2) The stall holder shall put up in front of his stall a sign board showing clear his name and stall number and specify the rates."

7. Rule 38 after its substitution with effect from 20/04/2006

reads as follows:

"38. Location of meat stalls- A stall to vent meat of bird or animal in a Panchayat area shall be located in a place approved by the village Panchayat for that purpose. Meat stall shall be one covered with glass, in accessible to insects like houseflies and also having abundant air circulation and meat shall be kept in a manner not visible to the lay public and the licensee of the stall shall exhibit a board in front of the stall, visible to others, speciifying his name, number of the stall and price chart."

W.A.No.1160 of 2021

8. Rule 40 enumerates the conditions to be observed by meat

stall holders. Sub- rule (1) of Rule 40 reads as follows-

"40. Conditions to be observed by meat stall holders- (1) The meat offered for sale shall be of animals slaughtered in a public slaughter house or in a slaughter house licensed under Section 230 of the Act, and shall be clean and devoid of materials unfit for consumption."