Sarath Chandran vs State Of Kerala
2022 Latest Caselaw 6625 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                                WP(C) NO. 14618 OF 2022
PETITIONER:

                  SARATH CHANDRAN
                  AGED 27 YEARS
                  S/O JAYACHANDRAN PILLAI,
                  KRISHNA KRIPA, KADAVAROM, KARUKONE.P.O,
                  ALAYAMON, PUNALUR TALUK, KOLLAM DISTRICT.
                  BY ADVS.
                  S.SREEJITH
                  ASHA JYOTHY

RESPONDENTS:

       1          STATE OF KERALA
                  REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE,
                  KOLLAM DISTRICT,
                  PIN-691013.
       2          THE SECRETARY,
                  ALAYAMON GRAMAPANCHAYAT, PANCHAYAT OFFICE,
                  ALAYAMON, ANCHAL,
                  PUNALUR TALUK, KOLLAM DISTRICT,PIN-691306.
       3          SIRAJUDEEN,
                  AGED 45 YEARS
                  BISMI MANZIL, AYILARA, YEROOR, PUNALUR TALUK,
                  KOLLAM DISTRICT-691312.
       4          ABDUL WAHID,
                  AGED 50 YEARS
                  S/O MEERAN, ASIBA MANZIL, KADAVAROM, KARUKONE.P.O,
                  PUNALUR TALUK, KOLLAM DISTRICT-691306.
                  BY ADVS.
                  K.S.ARUN KUMAR
                  RAJEE P MATHEWS
                  SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

THIS       WRIT    PETITION     (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14618 OF 2022

                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 14618 of 2022
      ----------------------------------------------
       Dated this the 09th day of June, 2022

                       JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue writ of mandamus or other appropriate writ or direction to the 2nd Respondent to consider Exhibit P3 representation/petition within the time period fixed by this Honourable Court.

(ii) Issue writ of mandamus or other appropriate writ or direction to the 2 nd Respondent to take steps to stop the illegal slaughter house and meat stall run by the 3rd Respondent at Kadavarom Junction, Alayamon Panchayat;

(iii) Pass such other reliefs, as it may deem fit, in the interest of justice."[SIC]

2. The first prayer in the writ petition is to

consider Ext.P3 representation by the 2nd respondent.

The second prayer is to take steps to stop the illegal

slaughter house and meat stall run by the 3rd respondent

at Kadavarom Junction, Alayamon Panchayat. The

counsel appearing for the contesting respondent WP(C) NO. 14618 OF 2022

submitted that there is a valid licence to the 3rd

respondent. The counsel appearing for the Panchayat

submitted that there is licence. But the counsel for the

petitioner contended that there is violation and the

petitioner obtained information under the Right to

Information Act also to substantiate his case. Since the

petitioner already submitted Ext.P3 representation,

these matters can be considered by the Panchayat, after

giving an opportunity of hearing to the petitioner and

other affected parties.

Therefore this writ petition is disposed of in the

following manner:

i. The 2nd respondent is directed to consider

Ext.P3 representation and pass appropriate orders in it,

as expeditiously as possible, at any rate, within a

period of six weeks from the date of receipt of a copy

of this judgment.

ii. Before passing final orders, the 2nd

respondent will give an opportunity of hearing to the

petitioner and respondents 3 and 4. WP(C) NO. 14618 OF 2022

iii. The petitioner and the contesting respondents

are free to file additional statements and documents to

substantiate their case..

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14618 OF 2022

APPENDIX OF WP(C) 14618/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION DATED 04.04.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SECRETARY.

EXHIBIT P2(A) PHOTOGRAPHS OF THE SLAUGHTER HOUSE AND THE MEAT STALL RUN BY THE 3RD TO P2(C) RESPONDENT EXHIBIT P3 TRUE COPY OF THE PETITION DATED 16.04.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE