IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 OP.No. 10325 of 2000(D) ----------------------- PETITIONER: ------------ BASHEER, HOUSE NO.11, RAJIV GANDHI COLONY, THOZHIYOOR, KADAMBANAD PANCHAYAT, PATHANAMTHITTA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. KADAMBANAD GRAMA PANCHAYAT, REP. BY ITS SECRETARY, SPL. GRADE, KADAMBANAD, PATHANAMTHITTA. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 3. BASHEER RAWTHER, MUMTAZ MANZIL, PROZHI, KABBALADI.P.O. 4. JOHNY, MEAT STALL, THUVAYOOR PUBLIC MARKET, KADAMBANAD.P.O. BY ADV. SRI.T.O.XAVIER FOR R3 SRI.K.SASIKUMAR FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.17225/2000 IN OP NO.10325/2000 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 8.7.2008 SD/-(V.K.MOHANAN, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF AUCTION NOTICE ISSUED BY R1 DT.15.2.2000. P2: TRUE PHOTOCOPY OF ORDER OF GOVT. DT.5.5.1998. P3: TRUE PHOTOCOPY OF REPRESENTATION SUBMITTED BY LOCAL PEOPLE TO R1 PANCHAYAT, DT.14.3.2000. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... O.P. No.10325 of 2000 .................................................................... Dated this the 8th day of July, 2008. JUDGMENT Ramachandran Nair, J. The petitioner is challenging the auctioning of meat stall by the first respondent-Panchayat without maintaining a slaughter house. Admittedly petitioner was running a meat stall under licence obtained from the very same Panchayat for the earlier years when the Pachayat did not have a slaughter house. For the year 2000-2001 petitioner could not participate in the auction of the meat stall and when meat stall was allotted to others, petitioner approached this court challenging the licencing of meat stall on the ground that slaughter house is not maintained by the Panchayat. We do not think we should consider the question raised i.e. whether slaughter house is mandatory for licensing meat stalls because issue pertains to the year 2000-2001. The O.P. is accordingly closed leaving freedom to the petitioner to take up the matter with the Panchayat and if the Panchayat does 2 not open slaughter house, it is for the petitioner to take up the matter to higher authorities or to this court. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms