IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 17927 of 2010(M) -------------------------------------- PETITIONER(S): ------------------------ PONNACHAN, PLAMPARAMBIL HOUSE, THUKALASSERY, THIRUMOOLAPURAM P.O., THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): ------------------------- THE SECRETARY, KUTTOOR GRAMA PANCHAYAT, THIRUVALLA, PATHANAMTHITTA DIST. R1 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA), SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17927/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AUCTION PUBLICATION/NOTICE DTD. 28.2.2010 ISSUED BY RESPONDENT. P2:- COPY OF THE AUCTION PURCHASE RECEIPT. P2(a):- COPY OF THE AUCTION PURCHASE RECEIPT. P3:- COPY OF THE APPLICATION FOR ISSUANCE OF LICENCE DTD. 10.4.2010. P4:_ COPY OF THE REQUEST DTD. 10.4.2010 ADDRESSTO THE RESPONDENT. P5:_ COPY OF THE LICENCE OF BABU PAULOSE DTD. 31.3.2010. P6:- COPY OF THE WRITTEN CONSENT GIVEN BY BABU PAULOSE TO THE PETITIONER DTD. 4.4.10. P7:- COPY OF THE REGISTERED NOTICE DTD. 25.5.10 ISSUED BY RESPONDENT TO THE PETITIONER. P8:- COPY OF THE REPLY DT. 3.6.10. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17927/2010-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of June, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P7 notice issued by the Panchayat directing him to remove a shed where he was conducting a meat stall, the licence for which was there upto 31/03/2010. 2. It is the case of the petitioner that he was having licence from the Panchayat for a number of years for vending meat. Even during the year 2009-10 licence was there. Whileso, the Panchayat decided to issue auction notice for giving away the right to sell meat within the jurisdiction of the Panchayat. Even though the petitioner has also produced documents to participate in the auction which was scheduled on 18/03/2010, that was adjourned without assigning any reason. Therefore, the petitioner filed an application for renewing the licence which are produced as Exts.P3 and P4. 3. The first respondent has filed a counter affidavit. It is pointed out that a licence to vend meat in the Kuttoor Grama Panchayat was given to the petitioner for the financial year 2009-10, being the highest bidder, which expired on 31/03/2010. Even though Ext.P1 was W.P.(C). No.17927/2010 -:2:- issued, no auction was conducted for the reason that the Panchayat is interdicted by an order of this Court. The Panchayat is not having any slaughtering house. Therefore, licence for vending meat cannot be auctioned. It is pointed out that since the petitioner cannot do business in vending meat without renewal of licence, he is liable to remove the shed constructed therein. 4. It is a case where the Panchayat is not having any slaughter house and therefore, the Panchayat cannot issue a licence as on today by way of renewal to the petitioner for conducting the sale of meat. 5. The learned counsel for the petitioner submitted that the Panchayat may be directed to open a slaughter house. The same is entirely a policy decision to be taken by the Panchayat in terms of the relevant Rules. 6. Therefore, what remains is the implementation of the directions contained in Ext.P7 notice. The learned counsel for the petitioner submitted that within a period of one month from today, the petitioner will remove the shed and report the matter to the Panchayat. The same is recorded. 7. The writ petition is disposed of allowing the one month's time from today to the petitioner to remove the W.P.(C). No.17927/2010 -:3:- shed in question. If the shed is not removed within the above period, the Panchayat is entitled to take appropriate action as enjoined by law. No costs. (T.R. Ramachandran Nair, Judge.) ms