IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 15818 of 2010(B) ---------------------------------------- PETITIONER(S): ------------------------ SOOSAMMA ALEX, W/O.LATE ALEXANDER, RESIDING AT EMPRAYIL HOUSE (EDAN VILLA), VATTAKKUNNU (PO), PAMPADY, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE PAMPADY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, OFFICE OF THE PAMPADY GRAMA PANCHAYAT, SOUTH PAMPADY P.O., KOTTAYAM DISTRICT. 3. THE SECRETARY, PAMPADY GRAMA PANCHAYAT, SOUTH PAMPADY P.O., KOTTAYAM DISTRICT. 4. SAJI JOSEPH, S/O.JOSEPH, PROPRIETOR OF AMMOOS COLD STORAGE, ELAKKODINJI JUNCTION, SOUTH PAMPADY P.O., PAMPADY, KOTTAYAM DISTRICT, NOW RESIDING AT KALLURAKATHU HOUSE, MEENADAM VILLAGE, KOTTAYAM DISTRICT. R1 BY SR. GOVT. PLEADER MR.A.J. VARGHESE. R2 & R3 BY ADV. SRI.JAMES KURIAN, R4 BY ADV. SRI.T.MADHU. SRI.SAJI JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C) NO. 15818/2010-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINANT DATED 01/04/2010, FILED BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P2: COPY OF THE COMPLAINT FILED BEFORE THE SECRETARY OF THE 2ND RESPONDENT PANCHAYAT. EXT.P3: COPY OF THE PHOTOGRAPHS OF THE 4TH RESPONDENT'S SLAUGHTER HOUSE DATED 22/04/2010. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE LICENSE DATED 18/08/2006 ISSUED BY THE 3RD RESPONDENT. EXT.R4(b): COPY OF THE LICENSE DATED 10/06/2009 ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15818/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of July, 2010 J U D G M E N T The petitioner's grievance in this writ petition is that the fourth respondent is conducting an illegal slaughter house near the dwelling house of the petitioner and that also in an unhygienic manner and without licence issued by the Panchayat. The main relief sought for in the writ petition is for a declaration that the fourth respondent is not entitled to conduct the slaughter house, that too, near a public place. 2. The fourth respondent has filed a counter affidavit. It is stated that the he was having a licence to conduct a cold storage which expired on 31/03/2010. The fourth respondent disputes the contentions raised by the petitioner and has stated that the cold storage alone was being conducted and the same is not causing any pollution in the locality. 3. The petitioner has filed an affidavit dated 20/06/2010 in I.A. No.8627/2010 contending that illegal slaughtering of animals are being carried on by the fourth respondent. In the counter affidavit filed by the fourth respondent, in the said I.A, it was stated that he was not conducting any slaughtering of animals. In fact, he has also expressed his willingness to abide by any directions issued by the Panchayat in that regard. Therefore, the W.P.(C). No.15818/2010 -:2:- Panchayat was directed to ascertain and report before this Court whether the fourth respondent is conducting any illegal slaughtering of animals and whether the Panchayat has renewed the licence for cold storage. 4. The learned counsel for the Panchayat has filed a statement wherein it is stated that the slaughter house is not working now and the licence for the cold storage is not renewed after 31/03/2010. The cold storage is situated at Elakkodinji Junction which is 2kms away from Pambady Town and the slaughter house is situated 11/2 away from the cold storage. There is a bio-gas plant situated near the slaughter house property in which certain waste are seen deposited. In that view of the matter, the petitioner has already obtained reliefs. 5. If the fourth respondent indulges in any illegal activities, it will be open to the Panchayat to take action as enjoined by law and can also move the statutory authorities in that matter. With the above observation, the writ petition is disposed of. This will not stand in the way of the fourth respondent submitting any application for renewal of the licence of the cold storage. In that event, the Panchayat will consider the same in accordance with the Rules. No costs. (T.R. Ramachandran Nair, Judge.) ms