JUDGMENT :

SHAJI P. CHALY, J.

1. Petitioners are licenced meat vendors in Sulthan Bathery market within the territorial limits of the Sulthan Bathery Grama Panchayat. Later Sulthan Bathery Grama Panchayat was upgraded as a Municipality. The grievance of the petitioners is that, the Grama Panchayat had inaugurated a slaughter house on 13.07.2000, but, which has not been open to the meat vendors so far. The allegation is that the intention of the Panchayat is to avoid the petitioners from conducting slaughterhouses and the meat shop in the new building complex. The contention advanced is that, later the Grama Panchayat has issued Ext.P8 order dated 21.03.2009, on the basis of the directions issued by this Court to close down all meat stalls functioning without any licence and therefore, directed all the meat stall owners functioning in the Kottakkunnu market operated by the Panchayat on 31.03.2009, to close down all meat stalls conducted without license and report the matter to the Panchayat. It is thus challenging the legality and correctness of Ext.P8 order, this writ petition is filed.

2. Since the learned Counsel appeared for the petitioners died, on 01.12.2017, this Court directed the Registry to issue notice to the petitioners to enable them to make alternative arrangements if they are desirous of pursuing the writ petition. Thereafter, service was complete, however, there is no representation for the petitioners.

3. The Panchayat has filed a counter affidavit and an additional affidavit basically refuting the allegations made in the writ petition, and also submitting that the slaughterhouses and fish and meat shop at Manikkuni market in Sulthan Bathery was constructed with all modern facilities spending Rs. 25 lakhs and the inauguration of the slaughter house was scheduled to be conducted and notice was published in respect of the same. However, the inauguration could not be conducted due to the agitations that have taken place against the opening of the market. Anyhow, I am not going into the details of the same since, learned Counsel appearing for the present Sulthan Bathery Municipality, Sri. Jayakumar Namboothiri T.V. submitted that the new meat stall cum slaughter house constructed in the Manikkuni market is not functional and that the constructions were destroyed due to the non use of the same.

4. The State Government has filed a counter affidavit basically supporting the said contention advanced. Anyhow, along with the counter affidavit, a report drawn by the Additional Director of Panchayats and Vigilance Officer is produced, which is self explanatory and therefore, I think it is only appropriate that the said report is extracted for convenience and for future purposes.

THE REPORT ON THE FUNCTIONING OF THE SLAUGHTER HOUSE IN SULTANBETHERI GRAMA PANCHAYAT

(1) The Hon'ble High Court in its Order No. W.P. (C) No. 11721 of b 3.12.2009, has directed the Government to conduct a comprehensive enquiry through the competent officer in the Local Self Government Department preferably through its Vigilance wing, in relation to the allegations in the Writ Petition and file a detailed affidavit regarding the probable loss occasioned to the panchayat by the enormous delay in putting the slaughter house into operation and also for the stagnation of funds spent for making slaughter house. Accordingly, government in its Letter No. 28910/DB2/LSGD dated 21.12.2009 authorised the Additional Director of Panchayats to conduct a comprehensive enquiry in the above lines as ordered by the Hon'ble High Court and to submit enquiry report to the Government.

(2) The main allegations included in the writ petition are summarised as follows:

(I) The slaughterhouse was constructed by Sulthan Bathery Grama Panchayat for the constant complaints from the meat vendors as well as the public. The slaughter house constructed by the Panchayat with all modern f