THIRUVALLA MUNICIPALITY Vs. ABDUL KAREEM

JUDGEMENT

(1.) These two appeals by the Municipality are against the common judgment dated 01.06.2017 passed by the learned single Judge of this Court in W.P.(C) Nos. 9924 and 12599 of 2017. The issues are the same. We have heard learned counsel for the Municipality and learned counsel for the writ petitioners/respondents and with their consent, we are disposing of these appeals at this stage itself.

(2.) The issue is with regard to disposal of animal waste as a consequence of butchering. The Municipality had auctioned the right to collect, store and sell or deal in animal waste generated at the Municipal slaughter house/abattoir. The writ petitioners are licensed meat vendors who purchases livestocks like Cow, Buffalo, Goat and brings it to the Municipal Abattoir, where they are slaughtered and prepared/dressed for sale. In the process, entrails, intestines and other wastes such as hide, horn and hoof are generated. The petitioners submit that as Cow/Buffalo/goat are theirs, after slaughtering, all the entrails and other parts thereof including hide, horn and hoof are their property and they have a right to collect and sell them and that right cannot be taken away, otherwise, than upon adequate compensation. This view found favour with the learned single Judge, who consequently set aside the auction done by the Municipality in respect of offals/animal waste.

(3.) The contention of the Municipality is that the writ petitioners, who are basically meat sellers, having brought the animals for slaughtering, they can only be interested in meat which they are permitted to sell on the meat stalls licensed to them by the Municipality. So far as entrails are concerned or for that matter, hide, horn or hooves, their dealing can only be on the strength of a license under the Kerala Municipality (Grant of Licence to Dangerous and Offensive Trades and Other Trades and Factories) Rules, 2011 (for short 'Rules, 2011'). According to the Municipality, they cannot allow anyone to remove any of these things i.e. meat, hide, horn, hooves and offals without a licence under 2011 Rules. These are found in various Entries being Item Nos. 17, 44, 82, 84, 85, 108 and 123 of Schedule I to 2011 Rules and unless a person has a licence to deal with them, no person can be allowed much less the owners thereof can be permitted to take it away. It is therefore as a part of process of cleaning the premises by removal of waste that the Municipality has auctioned this right to collect slaughtering waste. The writ petitioners do not have a licence much less in respect of licence to deal in offals as contemplated by Entry 123 of Schedule I to 2011 Rules which is noted hereunder :