SHAMEER M V Vs. AJU THOMAS

JUDGEMENT

(1.) The appellants, who are third parties to W.P.(C)No.31959 of 2018, have filed this Writ Appeal under Section 5 of the Kerala High Court Act, 1958, challenging the judgment of the learned Single Judge dated 15.10.2018 in that writ petition, after seeking leave of this Court, by filing I.A.No.1 of 2018.

(2.) The first respondent herein, who is a resident within the limits of Vengola Grama Panchayat, the third respondent herein, has approached this Court in W.P. (C)No.31959 of 2018 seeking a writ of mandamus commanding respondents 2 to 4 herein to stop all meat and fish stalls on the side of Perumbavoor - Puthenkuruz road near Pathipalam, conducting illegal trade and exhibition of fish and meat in violation of the direction issued by this Court. He has also sought for a writ of mandamus commanding the third and fourth respondents herein not to issue any licence to the meat and fish stalls conducted illegally in Vengola Grama Panchayat in the light of the Judgment of this Court in Mather v. Valakom Grama Panchayat,2009 3 KerLT 572; and also a writ of mandamus commanding the third and fourth respondents herein to consider and take action on Ext.P6 representation preferred by him, within a time limit to be fixed by this Court.

(3.) In the writ petition, it is averred that the petitioner is residing in Vengola Grama Panchayat and his house is situated on the side of Perumbavoor - Puthenkuruz road. In front of the petitioner's property, there are several unauthorised meat and fish stalls, which are conducted without any licence. The document marked as Ext.P1 series is photographs of such meat and fish stalls. The residents in the locality submitted Ext.P2 complaint dated 14.08.2017 and the third respondent Grama Panchayat convened a joint meeting on 13.10.2017 of the residents, traders, representatives of political parties, etc. The document marked as Ext.P4 is a news report that appeared in Mathrubhumi daily dated 20.09.2017 regarding the complaints raised against the meat and fish stalls at Pathipalam. Based on a complaint made by the petitioner, the Secretary of the Grama Panchayat, the fourth respondent herein, issued Ext.P5 notice dated 19.07.2017 for conducting a personal hearing on 20.07.2017. Thereafter, the petitioner submitted Ext.P6 representation dated 26.07.2018 before the Health Inspector of the Grama Panchayat, the fifth respondent herein, with a request to take necessary action against unauthorised meat and fish stalls in Ward No.IX of Vengola Grama Panchayat.