IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32523 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. E.T.DEVASYA, S/O.LATE THOMAS, ILLICKAL HOUSE, PALAKKAYAM P.O. MANNARKKAD, PALAKKAD DISTRICT. 2. SHAJI THOMAS S/O.THOMAS, PRESIDENT, CHEENIKKAPPARA FARM CLUB, REG.NO.276/03 PALAKKAYAM P.O., MANNARKKAD, PALAKKAD DISTRICT. 3. JOHN VARGHESE, S/O.VARGHESE, SECRETARY, CHEENIKKAPPARA FARM CLUB, REG.NO.276/03 PALAKKAYAM P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT CIVIL STATION, PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THACHAMPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PALAKKAD DISTRICT. 4. THE DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 5. THE SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1, R2, R4, R5 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32523 OF 2009 ------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Notice to the third respondent dispensed with, preserving its right for re-hearing of the matter, if aggrieved. The petitioners state that they are dairy farmers and the need of the locality is to have a Veterinary hospital. It is stated that Exts.P1 to P5 would evidence that such need and request is pending consideration from 2001. By Ext.P6, the panchayat had decided to establish a Veterinary hospital, if sanctioned by appropriate department. By Ext.P8, the Government sanctioned a mobile veterinary clinic, visiting twice a week. Relying on Ext.P9, the petitioners have made Ext.P10 representation before the third respondent. Running of veterinary hospitals falls within Schedule III-C-II Animal Husbandry and Dairy farming as a sector-wise function of the village panchayat in terms of Section 166(1) of the Panchayat Raj Act. Under such WPC.32523/09 2 circumstances, the third respondent is directed to take up Ext.P10 and have final decision taken thereon. Let that decision be issued within an outer limit of two months from the date of receipt of a copy of this judgment. If necessary, the petitioners will also be heard in that regard. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/11.