JOHN MATHEW Vs. VECHOOCHIRA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is a resident of the first respondent Pachayat. He has filed this Original Petition seeking for a direction to the respondents to conduct Ext. P1 auction only after establishing a slaughter house as provided in S. 231 of the Kerala Panchayat Raj Act, 1994 as well as the Rules framed thereunder. He has also sought for a direction to the first respondent not to permit the sale of meat in open places and in totally unhygienic conditions. It is stated in the O.P. that the Panchayat as per Ext. P1 has sought to auction the right to sell meat in 'Ennooramvayal' Public Market, 'Chathanthara' Public Market and other places within its jurisdiction for the period from 1-4-1999 to 31-3-2000, that the right to sell meat involves slaughtering of animals and that under the provisions of S. 231 of the Kerala Panchayat Raj Act, 1994, no person shall slaughter within the Village Panchayat area except in a public or licensed slaughter house. It is further stated that as per the provisions of Section 229 of the said Act there is an obligation on the Village Panchayat to provide place for use as public slaughter house and that the first respondent Panchayat does not have any such slaughter house. It is alleged that the persons, who get the licences to sell the meat, slaughter animals in public whereby causing nuisance to the nearby residents. It is also stated that the Rules framed under the Panchayat Raj Act also provide for setting up a slaughter house within the Panchayat area and further Rule 3 of the Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules provides for a ban on slaughtering of animals in any place in the Panchayat except in a licensed slaughter house. In short, the complaint of the petitioner in the original Petition is that the first respondent -Panchayat has not complied with the statutory requirements of maintaining a public slaughter house and at the same time auctioning the right to sell meat in the public market. It is also stated that the meat is sold in a most unhygienic manner and that there is no inspection by the Health authorities of the first respondent which paves the way for various diseases.

(2.) A counter-affidavit is filed by the first respondent. It is stated therein that the petitioner has no locus standi to file this writ petition and that he has not raised any objection regarding the conduct of this slaughter house which has been in existence for the last so many years. It is stated that the petitioner's father was conducting the slaughter house for the last several years, that he was the bidder of the auction mentioned in the Original Petition for the years 1995-96, 1996-97, 1997-98 and 1998-99 and that due to the non-performance of the auction conditions, the petitioner father's licence was cancelled after complying the procedural formalities. The petitioner's father was requested as per Ext. R-1(A) notice to remit the amount due to the Panchayat, that he requested for time for payment of the said amount till 30-11-1998 and that in spite of granting such time, the petitioner's father did not remit the amount and therefore, the licence was cancelled as per Ext. P1. It is in the above circumstance the Panchayat Comittee is compelled to conduct re-auction. It is stated that the Panchayat has established slaughter houses and slaughtering of animals has been done in the slaughter houses and therefore, there is no violation of the provisions of Section 229 of the Panchayat Raj Act. No complaint also was received from any corners with regard to the slaughter houses and the allegation regarding nuisance caused to the nearby residents is also incorrect. It is stated that the Panchayat is also proposing to establish permanent slaughter houses in the respective places instead of slaughter houses now used by the auction purchasers. In paragraph 9 of the said counter -affidavit it is stated that there is no report that the meat sales were done in unhygienic manner, that provisions are made for the flow of water near to the slaughter houses and that every arrangement was made for disposal of carcass etc. It is also stated that the Rules relating to Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules especially Rules 16, 19, 30 and 38 have been complied to the extent possible and right to vend meat is permitted only in the places decided by the Panchayat as per Rule 38 of the said Rules.

(3.) The petitioner has filed a reply. In paragraph 5 of the said reply it is stated as follows :-