Point of Law : Section 224 of the Kerala Panchayat Raj Act, there is prohibition of sale in unlicensed Private Markets and no person shall sell or expose for sale any animal or article in any unlicensed private market.

JUDGMENT :

The petitioners, who are residents within close proximity of Kandassankadavu Market in Thrissur, are before this Court seeking to declare that respondents 1 and 3 cannot permit the vending of fish, meat and livestock in the Kandassankadavu Market owned by the 4th respondent without obtaining licence to conduct Private Market. The petitioners seek to direct the 1st respondent to take effective and appropriate action on the basis of Ext.P4 and Exts.P1 to P3 judgments and prevent illegal vending of fish and meat and slaughtering of animals and birds within the Kandassankadavu Market.

2. The petitioners state that the Kandassankadavu Market is situated in 1 Acre and 69 Cents of land with about 212 shop rooms, owned by the 4th respondent-St. Mary’s Forane Church. The 4th respondent has let shop rooms for illegal Fish/Meat vending and slaughtering, which is done without requisite licences. The petitioners allege that the entire market is run by the 4th respondent without obtaining any licence from the authorities.

3. The petitioners contend that the Market lacks requisite facilities and infrastructure for vending fish or meat. Recognised standards of hygiene are not maintained in the Market. By permitting the illegal and unauthorised market, respondents 1 to 3 are putting the life and health of local residents to grave risk. The meat market is functioning in odd hours. Animal blood and dung are flowing out to nearby areas. Offal, skin, horn, entrails and other wastes are left exposed. Dogs of wild nature and crows in large numbers are attracted to the market. Water sources are being contaminated.

4. Local residents approached this Court earlier filing W.P.(C) No.3154/2009 and the 4th respondent made a submission before this Court that the illegal activities are closed down. This Court, however, directed the 1st respondent and Police authorities to take appropriate action against any person indulging in illegal activities. But, later, the illegal vending resumed. Certain vendors filed W.P.(C) No.37634/2009 seeking to direct the 1st respondent to issue licences to meat vending stalls. The 1st respondent submitted before this Court that the Panchayat does not have a slaughter house and hence it is impermissible to grant licence. The writ petition was dismissed. The 1st respondent is legally duty bound to shut down the illegal market, urged the petitioners.

5. Respondents 1 and 2 filed counter affidavit. According to respondents 1 and 2, there are no illegal fish and meat vending Stalls functioning within the local limits of the Panchayat. The 1st respondent has closed such illegal shops with police assistance. Later, Shop Vendors submitted applications for licence. Thereupon, Exts.R1(a) to R1(l) licences were issued. A civil suit in this regard is pending before the Munsiff's Court, Thrissur and the licences are granted subject to the civil suit. This Court had considered the same issue in several writ petitions and disposed of the writ petitions as per Ext.R1(m) judgment. A hearing was conducted thereafter and licences were granted in accordance with law.

6. The 4th respondent in their counter affidavit stated that they have not let out any building for sale of fish or meat and that the 4th respondent has no intention to obtain a Private Market licence.

7. Heard.

8. The questions arising for consideration are whether the 4th respondent is running a private market, and if so, is it illegal having no licence under the Panchayat laws and whether there is unauthorised vending of fish and meat, within the market.

9. The specific plea of the petitioners is that there are about 212 shop rooms in 1 Acre and 69 Cents of land owned by the 4th respondent at Kandassankadavu and a Private Market is functioning in the said property. The place is known as “Kandassankadavu Market”. It is the case of the petitioners that illegal vending of fish and meat takes place in the Market. Going by the tenor of the Counter affidavit filed, the stand of the 4t