K Suresh Babu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 11181 of 2013 (W) ---------------------------- PETITIONER:
---------- K SURESH BABU, AGED 49 YEARS ADVOCATE, S/O. G.KRISHNA PILLAI, HOUSE NO. VP XIX-1513 KOODARAM, VILAKKUDY VILLAGE, PATHANAPURAM THALUK KOLLAM DISTRICT.
BY ADVS.SRI.R.SURAJ KUMAR SRI.SUNIL J.CHAKKALACKAL SRI.SAJITH C.GEORGE SRI.V.K.UNNIKRISHNAN (KOLLAM) RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001.
2. THE VILAKKUDY GRAMA PANCHAYAT COMMITTEE REPRESENTED BY ITS PRESIDENT VILAKKUDI GRAMA PANCHAYATH OFFICE, KUNNICODU KOLLAM DISTRICT-691508.
3. THE SECRETARY VILAKKUDI GRAMA PANCHAYATH, KUNNICODE KOLLAM DISTRICT-691508.
R2,R3 BY ADV. SRI.C.R.SIVAKUMAR R BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11181 of 2013 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- TRUE COPY OF THE AUCTION NOTICE DATED DATED 10-04-2013 PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P2- TRUE COPY OF THE REPRESENTATION DATED 17-04-2013 SUBMITTED BY THE PETITIONER.
EXHIBIT P3- TRUE COPY OF THE LAWYER'S NOTICE DATED 17-04-2013. RESPONDENT(S)' EXHIBITS:
----------------------- EXHIBIT R3(1)- TRUE COPY OF THE DECISION NO.3 DATED 10.4.2013. EXHIBIT R3(2)- TRUE COPY OF THE NOTICE DATED 19.4.2013 EXHIBIT R3(3)- TRUE COPY OF THE COMMUNICATION DATED 17.4.2013 EXHIBIT R3(4)- TRUE COPY OF THE NOTICE DATED 19.4.2013 ISSUED BY THE THIRD RESPONDENT.
TRUE COPY PA TO JUDGE SCL.
A. V. RAMAKRISHNA PILLAI, J.
-------------------------------------- W.P.(C) No.11181 of 2013 ------------------------------------- Dated this the 19th day of January, 2015.
JUDGMENT
The petitioner is aggrieved by Ext.P1 notice of auction for the sale of meat issued by the third respondent. According to the petitioner, this is without establishing licensed slaughter house in the panchayat, in contravention to the law laid down by this Court in Mathew Vs. Valakom Grama Panchayat (KLT 2009(3) 572). According to the petitioner, if the third respondent is permitted to proceed with the said auction, the same would result in establishment of slaughtering houses and meat stalls even in thickly residential areas leading to pollution and health hazards.
2.
The respondent panchayat filed a counter affidavit, wherein they have admitted that they have published a notice to the effect that they have stopped all the auction proceedings already scheduled. A true copy of the notice dated 19.4.2013 was also appended as Ext. R3(4) to the
-2counter affidavit.
In the light of the said averment, this Court is of the view that the writ petition need not be proceeded further. Therefore, the writ petition is closed without examining the merits.
Sd/- A. V. RAMAKRISHNA PILLAI JUDGE Scl.