IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942 WP(C).No.12100 OF 2020(J)

PETITIONER/S:

N.A.GEORGE, AGED 68 YEARS, S/O. ANTHAPPAN, NADUVILAMANAKKAL, SOUTH CHITTOOR, KOCHI - 682027 BY ADV. SRI.SHERRY J. THOMAS RESPONDENT/S:

1 THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KAKKANAD, ERNAKULAM PIN 682 030

2 THE SECRETARY, CHERANELLOOR GRAMA PANCHAYATH, PIN 682 027

3 THE HEALTH INSPECTOR, CHERANELLOOR GRAMA PANCHAYAT PIN 682 034

4 THE STATION HOUSE OFFICER, CHERANELLOOR POLICE STATION, 682 034

5 LAL, S/O.K.M.MATHEW, AGED ABOUT 48, PROPRIETOR, HAWAI MEAT MART, KODUVELIPARAMBIL, WINNERS ROAD, SOUTH CHITTUR, KOCHI-27 SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.T.K.AJITHKUMAR(VALATH), STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS., J, ----------------------------

W.P.(C).No.12100 of 2020 -----------------------------------------

Dated this the 19^th day of June, 2020.

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JUDGMENT

The case set up in this writ petition is as follows:-

The petitioner is a senior citizen residing along with his wife (senior citizen) and son in the above address. The petitioner is aggrieved by the slaughter house and meat mall,which is being conducted by Respondent No.5 without obtaining any permission from the local authority. The slaughter house and meat stall of Respondent No.5 is situated closely to the boundary wall of petitioner's house, 2 cents plot in a residential area.

2. The slaughter is being conducted during the Wee Hours in late night, and the petitioner and his family cannot resist the cry and other difficulties of the slaughtered animals and also the incidental nuisance arising therein. The petitions submitted before the 2^nd Respondent Secretary of Grama Panchyath is left unattended. The RTI reply from the office of the 2^nd respondent also shows that, the slaughter house has not obtained any license. Taking account of the situation of conducting a slaughter house has not obtained any license, the 4^th respondent directed the 5^th Respondent, orally to stop the operation of the slaughter house. However, the 5^th respondent is adamant and he is not heeding to the oral diktat of lawful authorities. Whereas the official authorities are not taking any legal action to implement the provisions of the Kerala Panchayath Raj slaughter house and meat stalls Rules 1996. The law is specific on the distance rule and time rule and also the separation of slaughter house and meat stall on the issue. But the same is blatantly flouted by muscle power and money power. Aggrieved by the inaction from the part of the Respondent officials in closing down the illegal slaughter house this writ petition is filed.

3. In the light of these averments and contentions, the petitioner has filed the instant writ petition with following prayers:-

(i) to call for the records pertaining to Exhibit-P2, P4 and P5 pending before the Respondents 2, 3 and 1 in connection with the illegal activities of the 5^th respondent and direct the concerned respondents to complete the proceedings in connection with the same within a time frame.

(ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd respondent to initiate appropriate action in Exhibit-P2 and issue orders to close the slaughter house conducted by 5^th respondent.

(iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4^th respondent to prevent the operation of slaughter house of 5^th respondent, which is being conducted without obtaining any statutory license.

4. Heard Sri. Sherry J. Thomas, learned counsel appearing for the petitioner, Sri. Saigy Jacob Palatty, learned Government Pleader appearing for respondent Nos.1, 3 and 4 and Sri. T.K. Ajithkumar (Valath), learned Standing Counsel appearing for the 2^nd re