IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 12448 of 2011(E) -------------------------- PETITIONER: --------------- ELIAS CHACKO,S/O.CHACKO,AGED 65, PALLIKUNNEL,MADAKKATHANAM,KAPPUKARA, MUVATTUPUZHA. BY ADV. MR.R.BINDU (SASTHAMANGALAM) RESPONDENTS: --------------- 1. SHAJI,VELLAPULLIL, MADAKKATHANAM, KAPPUKARA, MUVATTUPUZHA 685 121. 2. HUSSEIN.K.A, PAZHAYAMBALATH, MADAKKATHANAM,KAPPUKARA, MUVATTUPUZHA 685 121. 3. THE SECRETARY, MANJALLOOR GRAMA PANCHAYATH, VAZHAKKULAM PO,ERNAKULAM,PIN 686 670. 4. MANJALLOOR GRAMA PANCHAYATH, VAZHAKKULAM PO, ERNAKULAM ,PIN 686 670, REP.BY ITS SECRETARY. 5. STATE OF KERALA,REP.BY THE SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. ADV. MR.A.S.SAJUSH PAUL FOR R1,2 GOVERNMENT PLEADER MR.BIJU MEENATTOOR FOR R5. MR.MANUEL THOMAS FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12448 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PROPERTY TAX RECEIPTS OF THE PETITIONER AND HIS WIFE. EXT.P2: NOTICE DTD. 16.3.2011 ISSUED BY R3. EXT.P3: LETTER DTD. 11.4.2011 ISSUED BY R3. EXT.P4: NOTICE DTD. 5.4.2011 ISSUED BY R3. RESPONDENTS' EXHIBITS: EXT.R3(a): COMPLAINT FILED BY THE RESIDENTS OF R4 PANCHAYATH DTD. 8.12.2010. EXT.R3(b): RESOLUTION PASSED BY R4 GRAMA PANCHAYATH DTD. 16.4.2011. EXT.R3(c): NOTIFICATION DTD. 18.4.2011 ISSUED BY R4 GRAMA PANCHAYATH. ........ // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.12448 Of 2011 ---------------------- Dated this the 13th day of October, 2011. J U D G M E N T The writ petition is filed seeking a direction to quash Exts.P2 & P4 notices issued by the 3rd respondent and for a direction commanding the respondents 3 & 4 not to initiate any action against the petitioner alleging violation of the provisions of the Kerala Panchayath Raj (Licencing of Pigs & Dogs) Rules. 2. It is contended by the petitioner that as per Rule 3 of the Kerala Panchayath Raj (Licencing of Pigs & Dogs) Rules 1998, in order to make the Rules applicable in a particular Panchayath, the Panchayath has to take a decision by way of a resolution and the copy of the decision shall be published in the notice boards of the Panchayath and further the decision of the Panchayath should be brought to the notice of the public by a pamphlet. The petitioner contends that in the instant case the Panchayath has not made the Rules applicable and therefore the 3rd respondent has no authority or right to declare that the rearing of the pigs by the petitioner is illegal for want of licence. ::2:: W.P.(C).No.12448 Of 2011 3. The learned counsel for the 3rd respondent, Secretary of the Panchayath, filed a counter affidavit. In paragraph 4 of the counter affidavit it is stated that on verification of the records it is noted that no resolution has been passed making the above said Rules applicable to the Grama Panchayath and therefore, for the purpose of controlling the rearing of pigs and dogs, the 4th respondent Grama Panchayath, on 16.4.2011 passed a resolution making the Kerala Panchayath Raj (Licencing of Pigs & Dogs) Rules applicable to the Panchayath. 4. In the aforesaid circumstances, Exts.P2 & P4 notices are quashed. The petitioner is directed to submit an application for licence within a period of three weeks from today, and, in that event, the Panchayath shall consider and pass appropriate orders on the application, within a period of one month thereafter. Till the matter is finally decided by the Panchayath as aforesaid, the interim order dated 26.4.2011 shall continue to be in force. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-