THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.25701 of 2009 ORDER: This petitioner, who claims to be the owner of a chicken shop (Bismilla Chicken Corner), filed this writ petition seeking to issue a writ of Mandamus declaring the action of the second respondent in not allowing him to run his shop at D.No.2-167/A, Buttaigudem Village and Mandal, West Godavari District, as illegal and against principles of natural justice and consequently, to direct the second respondent not to interfere with the running of the said shop. Counter-affidavit is filed on behalf of the second respondent-Gram Panchayat stating, inter alia, that because of the business activity being carried out in the said chicken shop of the petitioner i.e., cutting of birds, sheep and animal, removing the skin, foul smell is emanating in the locality and is causing health hazards to the residents of the locality. On a complaint made by the residents of the locality, the District Panchayat Officer, directed the second respondent to take immediate action against the petitioner and in pursuance of the same, a notice was issued to the petitioner asking him to close down the shop and shift the same from the residential locality to two kilometers away therefrom. The petitioner without submitting any explanation to the notice, straightaway approached this Court. Learned counsel for the petitioner contended that the respondents directed to close down the said chicken shop of the petitioner even without issuing any notice to the petitioner and an opportunity for submitting his explanation. Learned Government Pleader for Revenue contended that under sub-section 2 of Section-118, the Gram Panchayath has every right to close down the shops which cause health hazards to the public. However, he categorically stated that the second respondent-Gram Panchayath is willing to provide an alternative shop to the petitioner in the market place, which does not cause any inconvenience to the public. Admittedly, the chicken shop of the petitioner is situated in a residential area. When the business activity of the petitioner viz., cutting the birds, sheep and animals and removing the skin is causing health hazards and inconvenience to the residents of the that locality, the action of the second respondent in issuing notice to the petitioner to shift the said shop to the market place, which is notified for such type of businesses, cannot be faulted with. A bounden duty is cast on the Gram Panchayat to maintain public health by controlling the business activities in the residential area. In that view of the matter, the writ petition is disposed of, directing the second respondent-Gram Panchayat to provide a shop to the petitioner in the market place, as stated by it in the counter-affidavit. Till the second respondent provides an alternative shop to the petitioner in the market place, the petitioner is permitted to continue his business in the very same shop as of now. There shall be no order as to costs. ______________________ JUSTICE N.V.RAMANA 23rd April 2010 dr