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1991 Supreme(Ker) 314
Judges : PAREED PILLAY
Cherian John - Appellant
Versus
Mundakayam Panchayat - Respondent
Case No : O.P.No. 4724 of 1988
Decided On : 10/07/1991
Advocates Appeared :
M.V. Ibrahimkutty For Petitioner O.K. Sivasankara Panicker For Respondents
The central legal point established in the judgment is that the Panchayat's authority to auction the right to vend meat is limited to public slaughter houses and public markets, and does not extend to stalls constructed by individuals.
Headnote:
Auction - Right to Vend Meat - Interpretation of Panchayats Act
Fact of the Case:
The petitioner participated in an auction for the right to vend meat in various wards of the Panchayat. He deposited earnest money for 10 places and bid for the right to vend meat at specific locations. However, he faced obstacles in constructing stalls and conducting business due to objections from the public.
Finding of the Court:
The court found that the Panchayat did not have the authority to auction the right to vend meat on the side of the roads, as the relevant provisions in the Kerala Panchayats Act only allowed for auctioning in public slaughter houses and public markets. The court quashed the notices and directed the refund of the amount deposited by the petitioner.
Issues: The main issue was whether the Panchayat had the right to auction meat stalls on the side of the roads, and whether the petitioner was entitled to a refund of the amount deposited.
Ratio Decidendi: The court interpreted the provisions of the Kerala Panchayats Act, emphasizing that auctioning could only be done with respect to public slaughter houses and public markets, and not for stalls constructed by individuals. As there were no provisions in the Act and Rules to conduct auction of the right to vend meat except in public markets and slaughter houses, the money collected from the petitioner was not justified.
Final Decision: The court quashed the notices and directed the first respondent to refund the amount deposited by the petitioner, allowing the original petition and imposing no costs.
Petitioner participated in the auction conducted by the first respondent Panchayat in relation to the right to vend meat in the various wards of the Panchayat. One of the conditions is that the successful auction purchaser has. to construct the stalls. Petitioner deposited earnest money for 10 places. Auction was held on 16-3-1988. Petitioner bid the right to vend meat at Vandampathal, Punchavayal and Punchavayal 504 Colony situated in Wards?, 10 and 11. He deposited Rs. 4,000/- as earnest money. He deposited ll4th of the bid amount on the date of the auction itself. At the time of executing necessary agreement he had to pay 1/4th of the amount more. After adjustment of the earnest money he deposited balance amount of Rs. 1,443.75 towards 1/4th purchase money in respect of the three places where the sale was confirmed in his name.
2. Petitioner requested the second respondent to allot him the site for constructing the stalls. He was told to construct stalls on the side of P.W.D. roads. Petitioner attempted to construct temporary stalls on the side of P.W.D. roads. As the people objected to it he could not construct the stalls and thus he was prevented from doing any business.
3. Exts.P3, P4 and P5 notices were issued to the petitioner to deposit the amount due from him to the Panchayat. Petitioner contends that he could not do so as he could not start the business due to the hostile attitude of the people. Another contention of the petitioner is that the first respondent is not vested with any power under the Panchayats Act to conduct auction of the right to vend meat except in stalls belonging to the Panchayat.
4. The question that arises for consideration is whether the Panchayat has any right to auction meat stalls on the side of the roads. S.96 of the Kerala Panchayats Act, 1960 (for short 'the act) states that the Panchayat may with the previous approval of the Director notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the executive authority and except in accordance with the conditions specified in such licence. Rule 3 of Kerala Panchayats (Licensing of Dangerous and Offensive Trades and Factories) Rules, 1963 provides that for the purposes of S.96 of the Act the Government may specify in Schedule I to these Rules the purposes which in their opinion are likely to be offensive or dangerous to human life or health or property. Rule 4 enables the Panchayat to publish by a notification in the notice board of the Panchayat office and in a prominent place in each ward of the Panchayat and by beat of drum that no place within the Panchayat area shall be used for any one or more of the purposes specified in Schedule I without a licence issued by the Executive Authority and except in accordance with the conditions specified therein. Item 86 in Schedule I relates to selling or exhibiting or offering for sale or storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever of meat. Rule 31(1) of the Kerala Panchayats (Slaughter Houses and Meat Stalls) Rules, 1964 provides that Panchayat may farm out the collection of rents and fees in public slaughter houses for a period not exceeding three years to the highest bidder subject to such conditions as may be laid down from time to time by the Panchayat. Rule 39 provides for the location of meat stalls. All meat stalls vending meat from animals slaughtered in slaughter house in a Panchayat area shall be within the limits of that Panchayat area. The meat stalls shall be located only in places approved by such officers as may be expowered in this behalf by the Deputy Director. Rule 3 of the Kerala Panchayats (Public and Private Markets) Rules, 1964 deals with opening of public markets. Rule 5 deals with leasing out of portions
