U AYYAPPAN Vs. MULLURKARA GRAMA PANCHAYATH

JUDGEMENT

(1.) Petitioners are residents of the 1st respondent Panchayat and their residential premises are near to Mullurkara Panchayat market. It appears that by Ext.P1 resolution passed by the Panchayat on 14/5/12, it was resolved to invite tenders for wholesale fish vending in the market. Accordingly, the tenders were received and by resolution dated 25/5/2012, Panchayat resolved to accept the offer made by the 5th respondent and to permit him to execute the agreement and to commence business on obtaining licence and deposit of security.

(2.) Ext.P2 dated 26/5/12 is the agreement that the 5th respondent has entered into with the 1st respondent Panchayat in pursuance to the resolutions mentioned above. It appears that immediately thereafter w.e.f. 27/5/12, 5th respondent started business which was without obtaining licence from the Panchayat or an NOC from the District Medical Officer. Complaints were made by the neighbouring residents and Ext.P3 is one of the representations made. The matter was considered by the Panchayat in its meeting held on 6/6/12, and it was resolved to instruct the 5th respondent to obtain licence for continuing his business. However, the 5th respondent conducted his business as before, as a result of which, the agitation also continued. As a result, Ext.P5 representation was made to the District Collector and Ext.P6 are the newspaper reports.

(3.) Finally, Ext.P7 report was submitted by the Health Inspector which inter alia indicate that most of the traders in the market do not have licence from the Panchayat. In the meantime, Panchayat appears to have issued Ext.R1(a) communication to the District Medical Officer calling for a report. Based on this, the District Medical Officer submitted Ext.P8 report dated 23/6/12. In this report, it is stated that the fish vending in the market is unauthorised and that business is being carried on without any facility whatsoever in the market. It is also stated that the waste generated in the market is being dumped into the nearby thodu and that there is no facility installed for waste treatment. On this basis, the DMO recommended for closure of the market.