Jins Augustine vs The Secretary
2024 Latest Caselaw 27825 Ker

Kerala High Court

Jins Augustine vs The Secretary on 13 September, 2024

WP(C) NO. 32691 OF 2024           1


                                                       2024:KER:70285
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                        WP(C) NO. 32691 OF 2024

PETITIONER:

          JINS AUGUSTINE
          AGED 48 YEARS
          S/O AUGUSTINE, RESIDING AT PUTHENPURACKAL
          KANAKKALIPPADY, IDUKKI DISTRICT, PIN - 685515


          BY ADV JOMY K. JOSE


RESPONDENTS:

    1     THE SECRETARY
          KATTAPPANA MUNICIPALITY,
          KATTAPPANA P.O,
          IDUKKI DISTRICT, PIN - 685508

    2     KATTAPPANA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          KATTAPPANA P.O, IDUKKI DISTRICT,
          PIN - 685508

    3     THE ENVIRONMENTAL ENGINEER
          POLLUTION CONTROL BOARD DISTRICT OFFICE,
          THODUPUZHA, IDUKKI, PIN - 685584


          R1 & R2 BY ADV. SRI. UNNIKRISHNAN V. ALAPATT, STANDING
          COUNSEL
          R3 BY ADV. SRI. T. NAVEEN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32691 OF 2024                   2


                                                                  2024:KER:70285


                                   JUDGMENT

The petitioner challenges Ext.P6 stop memo that directed him to stop

the business of selling meat. The petitioner submits that he has not been

served with any notice prior to the issuance of Ext.P6 stop memo on 11.09.2024.

2. In such circumstances, it will be open to the petitioner to file his

objection to Ext.P6 stop memo within one week from today. On receipt of the

objection, respondents 1 and 2 shall consider the same and pass orders, after

hearing the petitioner and other affected parties, if any, within ten days

thereafter. Till orders are passed as directed above, status quo as on today

shall be maintained.

The writ petition is disposed of as above.

SD/-

MOHAMMED NIAS C.P.

JUDGE DCS

2024:KER:70285 APPENDIX OF WP(C) 32691/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE FSSAI LICENSE DATED 13-02- 2024, BEARING LICENSE NO. 11323006000138

EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE DATED 23-02-2024, BEARING NO.

KSPCB/ID/ICO/10054895/2024, ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE KATTAPPANA MUNICIPALITY, BEARING NO. BFIF02-MO60200-00012-2024

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 19-07-2024 ISSUED VIDE NO: H1-1477481/2024

EXHIBIT P5 A TRUE COPY OF THE RECEIPTS OF THE PURCHASE OF MEAT DATED 07-09-2024 ISSUED BY THE SLAUGHTER HOUSE KATTAPPANA MUNICIPALITY

EXHIBIT P6 A TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT, DATED 11-09-2024 VIDE NO 1477481-2024