IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32523 of 2009(I)
1. E.T.DEVASYA, S/O.LATE THOMAS,
... Petitioner
2. SHAJI THOMAS S/O.THOMAS, PRESIDENT,
3. JOHN VARGHESE, S/O.VARGHESE, SECRETARY,
Vs
1. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
... Respondent
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THACHAMPARA GRAMA PANCHAYATH,
4. THE DIRECTOR OF ANIMAL HUSBANDRY,
5. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :13/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.32523 OF 2009
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Dated this the 13th day of November, 2009
JUDGMENT
Notice to the third respondent dispensed with, preserving
its right for re-hearing of the matter, if aggrieved.
The petitioners state that they are dairy farmers and the
need of the locality is to have a Veterinary hospital. It is stated
that Exts.P1 to P5 would evidence that such need and request is
pending consideration from 2001. By Ext.P6, the panchayat had
decided to establish a Veterinary hospital, if sanctioned by
appropriate department. By Ext.P8, the Government sanctioned
a mobile veterinary clinic, visiting twice a week. Relying on
Ext.P9, the petitioners have made Ext.P10 representation before
the third respondent. Running of veterinary hospitals falls
within Schedule III-C-II Animal Husbandry and Dairy farming
as a sector-wise function of the village panchayat in terms of
Section 166(1) of the Panchayat Raj Act. Under such
WPC.32523/09
2
circumstances, the third respondent is directed to take up
Ext.P10 and have final decision taken thereon. Let that decision
be issued within an outer limit of two months from the date of
receipt of a copy of this judgment. If necessary, the petitioners
will also be heard in that regard. The writ petition is ordered
accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.17/11.