C.W.P.No.8794 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.8794 of 2008 Date of Decision : 6.5.2009 Jatinder Singh and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM:HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Naresh Sharma, Advocate, for the petitioners. Mr. H.S.Sidhu, Addl. AG, Punjab, for respondents No.1 and 2. Mr. Hitesh Sood, Advocate, for respondent No.3. T.S.Thakur, C.J. (ORAL) This petition, filed in public interest, prays for mandamus directing the respondents to take action against shop-keepers/proprietors of business establishments around Bharat Nagar Chowk, opposite ESI Hospital, Ludhiana, for violation of Municipal Bye-laws and creation of nuisance in the area on account of culling of chicken in the open and littering of the chicken remains in the area, thereby creating nuisance and health hazards for the residents. The case of the petitioners, who are residents of Bharat Nagar Chowk area in the city of Ludhiana, is that certain people who are having their establishments in and around the area, referred to above, are unauthorisedly using the open area around their business establishments C.W.P.No.8794 of 2008 2 and the adjacent open park for the purposes of culling chicken and for disposal of the remains, thereby creating serious nuisance and health hazards for everyone in the area. The grievance of the petitioners is that although the matter was brought to the notice of the Municipal Corporation Authorities, no action has been taken by the authorities, forcing them to file the present petition. In the reply filed on behalf of respondent No.3-Municipal Corporation, it is inter-alia stated that the Corporation has earmarked the places on Hambran road, near Diary Complex, Ludhiana, for the purposes of slaughter of animals. A regular Veterinary Doctor is posted there, who is making regular checks and supervision of the slaughter house operations. The animals are, according to the respondents, being slaughtered only after a proper medical check up by the Veterinary Doctor posted there and proper sanitation facilities are also maintained in the slaughter house. The affidavit also refers to the Municipal Corporation (Regulation of Sale of Meat) Bye-laws, 1979. The Bye- laws envisage grant of licences to the butchers and the shop-keepers. The Civil Surgeon is the Licensing Authority. The allegation that the Corporation authorities are not attending their duties with dedication and devotion has been denied. According to the respondents, the Sanitary Inspectors and the Chief Sanitary Inspector keep a regular watch on the shops, in question, and whenever any person is found to be cutting chicken in the open place or throwing the remains in the open or public area, immediate and proper action is taken against them under Sections 283(2) & 323 of the Act. C.W.P.No.8794 of 2008 3 We have heard counsel for the parties at some length. We are of the opinion that only direction that can be issued in the present proceedings is that the Commissioner of Municipal Corporation, Ludhiana, would on receipt of any complaint from the petitioners, examine the matter or have the same examined at the appropriate level for appropriate action to be taken against the offenders in accordance with law. It shall be open to anyone of the petitioners to complain to the Commissioner of Municipal Corporation against any violation of any Bye-law or condition in the licence issued to any shop-keeper. It shall also open to them to complain any littering or wholesome activity including culling of chicken in the open or throwing of littering of their remains, which may be offensive or health hazards for the residents of the area. On receipt of any such complaint, the Commissioner will ensure that proper action is taken in accordance with law at the appropriate level against those found guilty. With the above observations, this petition is disposed of leaving the parties to bearing their own costs. (T.S.THAKUR) CHIEF JUSTICE 6.5.2009 (HEMANT GUPTA) Vimal JUDGE