IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15818 of 2010(B)
1. SOOSAMMA ALEX, W/O.LATE ALEXANDER,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE PAMPADY GRAMA PANCHAYAT
3. THE SECRETARY,
4. SAJI JOSEPH, S/O.JOSEPH,
For Petitioner :SRI.M.V.THAMBAN
For Respondent :SRI.JAMES KURIAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/07/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.15818/2010-B
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Dated this the 21st day of July, 2010
J U D G M E N T
The petitioner’s grievance in this writ petition is
that the fourth respondent is conducting an illegal
slaughter house near the dwelling house of the petitioner
and that also in an unhygienic manner and without licence
issued by the Panchayat. The main relief sought for in the
writ petition is for a declaration that the fourth
respondent is not entitled to conduct the slaughter house,
that too, near a public place.
2. The fourth respondent has filed a counter
affidavit. It is stated that the he was having a licence
to conduct a cold storage which expired on 31/03/2010. The
fourth respondent disputes the contentions raised by the
petitioner and has stated that the cold storage alone was
being conducted and the same is not causing any pollution
in the locality.
3. The petitioner has filed an affidavit dated
20/06/2010 in I.A. No.8627/2010 contending that illegal
slaughtering of animals are being carried on by the fourth
respondent. In the counter affidavit filed by the fourth
respondent, in the said I.A, it was stated that he was not
conducting any slaughtering of animals. In fact, he has
also expressed his willingness to abide by any directions
issued by the Panchayat in that regard. Therefore, the
W.P.(C). No.15818/2010
-:2:-
Panchayat was directed to ascertain and report before this
Court whether the fourth respondent is conducting any
illegal slaughtering of animals and whether the Panchayat
has renewed the licence for cold storage.
4. The learned counsel for the Panchayat has filed a
statement wherein it is stated that the slaughter house is
not working now and the licence for the cold storage is not
renewed after 31/03/2010. The cold storage is situated at
Elakkodinji Junction which is 2kms away from Pambady Town
and the slaughter house is situated 11/2 away from the cold
storage. There is a bio-gas plant situated near the
slaughter house property in which certain waste are seen
deposited. In that view of the matter, the petitioner has
already obtained reliefs.
5. If the fourth respondent indulges in any illegal
activities, it will be open to the Panchayat to take action
as enjoined by law and can also move the statutory
authorities in that matter. With the above observation,
the writ petition is disposed of. This will not stand in
the way of the fourth respondent submitting any application
for renewal of the licence of the cold storage. In that
event, the Panchayat will consider the same in accordance
with the Rules. No costs.
(T.R. Ramachandran Nair, Judge.)
ms