IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30479 of 2008(S) ------------------------------------- PETITIONER: ------------------- G.KESAVAN NAMBOOTHIRI, HORAKKATTU ILLOM, KARALIKONAM, ELAMADU VILLAGE, KOTTARAKKARA. BY ADV. SRI.V.PREMCHAND RESPONDENTS: ----------------------- 1. THE ELAMADU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ELAMADU P.O., KOTTARAKKARA. 2. THE SECRETARY, ELAMADU GRAMA PANCHAYAT, ELAMADU P.O., KOTTARAKKARA. 3. SULFIKAR, PULLERI PUTHUVILA HOUSE, MIYANA, ELAMADU, KOTTARAKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.30479 of 2008-S ------------------------------------------------- Dated, this the 16th day of October, 2008 JUDGMENT H.L.Dattu, C.J. The prayers made in the writ petition are as under: i). Issue a writ of mandamus or any other appropriate writ, direction or order directing he 2nd respondent to initiate action against the 3rd respondent for the illegal conduct of meat stall at Karalikonam junction violating the license conditions and Rule 38 and 40 of the Kerala Panchayat Raj Act (Slaughter Houses & Meat Stalls) Rules 1996. ii). Issue a writ of mandamus or any other appropriate writ, direction or order directing he 2nd respondent to issue appropriate direction to the 3rd respondent to shift the meat stall from Karalikonam junction to the market stall managed by the Grama Panchayat. iii). Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to consider and pass orders in accordance with law on Ext.P1 forthwith.” 2. For the reliefs sought in this writ petition, in our W.P.C. No.30479/2008 -2- opinion, the petitioner initially has to approach the Grama Panchayat, and, if for any reason, the Grama Panchayat does not react to the request of the petitioner, then only he can approach this Court by filing a writ petition. 3. In the petition it is stated that the petitioner has already filed a representation before the Grama Panchayat. That representation does not even contain the date nor is stated in the writ petition the date when the representation was filed. 4. In that view of the matter, in our opinion, the petition filed above is wholly premature. Therefore, we decline to entertain this writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS