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 TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32418 of 2008(S) ------------------------------------- PETITIONER: ------------------ G.KESAVAN NAMBOOTHIRI, HORAKKATTU ILLOM, KARALIKONAM, ELAMADU VILLAGE, KOTTARAKKARA. BY ADV. SRI.V.PREMCHAND RESPONDENTS: ----------------------- 1. THE ELAMADU GRAMA PANCHAYAT, REPRSENTED 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 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.P.(C) No.32418 of 2008-S ---------------------------------------------- Dated, this the 4th day of November, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner is a public spirited citizen. He is before this Court for the following reliefs: “i). Issue a writ of mandamus or any other appropriate writ, direction or order directing the 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 the 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. Even according to the petitioner, the third respondent has a licence to run the meat stall in Elamadu Grama Panchayat. According to the petitioner, the third respondent is conducting the meat WPC No.32418/2008 -2- stall in a most unhygienic manner and also is creating nuisance to the public at large. It is further stated in the petition that people of the aforesaid Grama Panchayat has filed a mass petition before the Grama Panchayat which is received by the 2nd respondent on 22.9.2008. According to the petitioner, the Grama Panchayat has not taken any action pursuant to the mass petition filed by the petitioner and others. Therefore, he is before this Court for the reliefs indicated by us earlier. 3. Admittedly, a mass petition was filed by the petitioner and others which is received by the 2nd respondent only on 22.9.2008 bringing to the notice of the Grama Panchayat the so-called nuisance that is being caused by the third respondent in running the meat stall with the help of the licence issued by the Grama Panchayat. It is for the Grama Panchayat to act on the mass petition. 4. In our view, the writ petition filed by the petitioner is wholly premature. Even if the Grama Panchayat is to take any action against the third respondent, necessarily they will have to issue notice to the third respondent granting him an opportunity of being heard, and then only appropriate measures could be taken on the mass petition filed by the petitioner. In that view of the matter, for the present, we decline to entertain this writ petition. Accordingly, the writ petition requires to WPC No.32418/2008 -3- be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS