ORDER :- The petitioner is a resident of the first respondent Pachayat. He has filed this Original Petition seeking for a direction to the respondents to conduct Ext. P1 auction only after establishing a slaughter house as provided in S. 231 of the Kerala Panchayat Raj Act, 1994 as well as the Rules framed thereunder. He has also sought for a direction to the first respondent not to permit the sale of meat in open places and in totally unhygienic conditions. It is stated in the O.P. that the Panchayat as per Ext. P1 has sought to auction the right to sell meat in 'Ennooramvayal' Public Market, 'Chathanthara' Public Market and other places within its jurisdiction for the period from 1-4-1999 to 31-3-2000, that the right to sell meat involves slaughtering of animals and that under the provisions of S. 231 of the Kerala Panchayat Raj Act, 1994, no person shall slaughter within the Village Panchayat area except in a public or licensed slaughter house. It is further stated that as per the provisions of Section 229 of the said Act there is an obligation on the Village Panchayat to provide place for use as public slaughter house and that the first respondent Panchayat does not have any such slaughter house. It is alleged that the persons, who get the licences to sell the meat, slaughter animals in public whereby causing nuisance to the nearby residents. It is also stated that the Rules framed under the Panchayat Raj Act also provide for setting up a slaughter house within the Panchayat area and further Rule 3 of the Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules provides for a ban on slaughtering of animals in any place in the Panchayat except in a licensed slaughter house. In short, the complaint of the petitioner in the original Petition is that the first respondent -Panchayat has not complied with the statutory requirements of maintaining a public slaughter house and at the same time auctioning the right to sell meat in the public market. It is also stated that the meat is sold in a most unhygienic manner and that there is no inspection by the Health authorities of the first respondent which paves the way for various diseases. 2. A counter-affidavit is filed by the first respondent. It is also stated that the meat is sold in a most unhygienic manner and that there is no inspection by the Health authorities of the first respondent which paves the way for various diseases. 2. A counter-affidavit is filed by the first respondent. It is stated therein that the petitioner has no locus standi to file this writ petition and that he has not raised any objection regarding the conduct of this slaughter house which has been in existence for the last so many years. It is stated that the petitioner's father was conducting the slaughter house for the last several years, that he was the bidder of the auction mentioned in the Original Petition for the years 1995-96, 1996-97, 1997-98 and 1998-99 and that due to the non-performance of the auction conditions, the petitioner father's licence was cancelled after complying the procedural formalities. The petitioner's father was requested as per Ext. R-1(A) notice to remit the amount due to the Panchayat, that he requested for time for payment of the said amount till 30-11-1998 and that in spite of granting such time, the petitioner's father did not remit the amount and therefore, the licence was cancelled as per Ext. P1. It is in the above circumstance the Panchayat Comittee is compelled to conduct re-auction. It is stated that the Panchayat has established slaughter houses and slaughtering of animals has been done in the slaughter houses and therefore, there is no violation of the provisions of Section 229 of the Panchayat Raj Act. No complaint also was received from any corners with regard to the slaughter houses and the allegation regarding nuisance caused to the nearby residents is also incorrect. It is stated that the Panchayat is also proposing to establish permanent slaughter houses in the respective places instead of slaughter houses now used by the auction purchasers. In paragraph 9 of the said counter -affidavit it is stated that there is no report that the meat sales were done in unhygienic manner, that provisions are made for the flow of water near to the slaughter houses and that every arrangement was made for disposal of carcass etc. In paragraph 9 of the said counter -affidavit it is stated that there is no report that the meat sales were done in unhygienic manner, that provisions are made for the flow of water near to the slaughter houses and that every arrangement was made for disposal of carcass etc. It is also stated that the Rules relating to Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules especially Rules 16, 19, 30 and 38 have been complied to the extent possible and right to vend meat is permitted only in the places decided by the Panchayat as per Rule 38 of the said Rules. 3. The petitioner has filed a reply. In paragraph 5 of the said reply it is stated as follows :- "As per Section 231 of the Kerala Panchayat Raj Act 1994 the 1st respondent is bound to establish and maintain a slaughter house in the Panchayat area. Without setting up a slaughter house as provided in Section 231 the respondents are not entitled to auction the right to sell meat. The burden is on the respondents to prove that they have established a slaughter house as provided under Section 231 of the Panchayat Raj Act, 1994.The averments in the counter that the 1st respondent has not received any complaints from anybody regarding the conduct of the slaughter house is absolutely wrong. People in the locality made several complaints to the 1st respondent. The 1st respondent has not even cared to look into the complaints. There is not a single licensed slaughter house in the respondent Panchayat and the respondents are guilty of swearing falsehood before the Court." 4. I have heard Sri. Bechu Kurian Thomas, the learned counsel appearing for the petitioner and Sri E.S.M. Kabeer, the learned counsel appearing for the first respondent. I have heard the learned Government Pleader also. 5. From the tenor of the counter affidavit filed by the first respondent it would appear that the present writ petition is actuated by the action of the first respondent in cancelling the licence granted in favour of the petitioner's father for non payment of licence fee. The fact that the petitioner's father had been conducting the sale of meat after taking licence from the first respondent during the earlier years is not disputed. The fact that the petitioner's father had been conducting the sale of meat after taking licence from the first respondent during the earlier years is not disputed. The petitioner's case is that there is no public slaughter house or any other licensed slaughter house within the Panchayat and that the first respondent is bound under the provisions of the Kerala Panchayat Raj Act, 1994 and the Rules framed thereunder to maintain a public slaughter house in order to enable the Panchayat to auction the right to sell meat in the public market belonging to the Panchayat and at other specified places. The complainant is that there is no such public slaughter house or other licensed slaughter house within the Panchayat. The first respondent in the counter affidavit has stated that there are public slaughter houses and that it has been maintained in a most hygienic manner. It is also stated the Panchayat is taking steps to establish permanent slaughter houses in the respective places instead of the slaughter houses now used by the auction purchases. It is not clear from the counter affidavit as to the place where the first respondent Panchayat has established slaughter houses. On the other hand, it would appear from what is stated above that the slaughter houses, which are stated to have been established are the premises where the auction purchasers are conducting sale of meat. In other words, it would appear that there is no separate slaughter house maintained by the first respondent. It is not clear from the auction notice or from the conditions given in Ext. P.1 notice as to whether the right which is being granted as per the auction is one for slaughtering the animals and for sale or only for sale of the meat. 6. Section 229 of the Kerala Panchayat Raj Act, 1994 deals with public slaughter houses. Sub-section (1) of the said section provides that a village panchayat may provide places for use as public slaughter houses and charge such rents and fees for their use not exceeding the maximum as may be prescribed, provided that if any complainant with respect to the conduct of such slaughter houses has been received from the nearby residents, action for starting such slaughter houses shall be taken only after detailed examination of such complaint. Sub-section (2) provides that the village panchayat may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit. Section 230 provides for licence for slaughter houses. Sub-section (1) thereof provides that the owner of any place within the village Panchayat area which is used as a slaughter house for the slaughtering of animals or for the skinning or cutting up of any carcasses, shall in the first month of every year or in the case of a place to be newly opened one month before the opening of the same, apply to the Secretary for a licence. Sub-section (2) thereof provides that the Secretary of the village Panchayat may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence. Sub-section (3) further provides that nothing contained in this section shall apply to the slaughter of animals in any concealed place without causing hardship to the public in the village panchayat area on occasions of festivals, marriage ceremonies etc. Section 231 of the Act. sub-section (1) thereof provides that no person shall slaughter within the village panchayat area except in a public or licensed slaughter house any cattle, horse, sheep, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the village panchayat or dry or permit to be dried any skin in such manner as to cause a nuisance. It also provides for ensuring that the said slaughter house is kept clean and that the slaughter meat kept ready for sale as food shall not be sold except after inspection by the prescribed officers. It also provides for ensuring that the said slaughter house is kept clean and that the slaughter meat kept ready for sale as food shall not be sold except after inspection by the prescribed officers. The Explanation to the said sub-section states that nuisance for the purpose of this section includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to be sense of sight, small, or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right or any animal kept in such a place or manner as to be prejudicial to health. Sub-section (3) authorises the President, Secretary or any officer authorised by the Government or by the village panchayat to enter any place where meat or any other article of food is stored for sale and inspect such article. It is seen that the storage and sale of meat is an item. Item 85 in the Ist Schedule to the Kerala Panchayat Raj (Licensing of Dangerous and Offensive Trades and Factories) Rules, 1996 and therefore, a licence under the said Rules also appears to be necessary. The Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996 issued in exercise of the provisions of Ss. 229, 230 and 231 read with S. 254 of the Act, prescribes the procedure for establishment of public and private slaughter houses. Rule 3 of the said Rules prohibits the slaughtering of animals otherwise than in public or licensed slaughter houses and also prohibits the sale of meat without licence obtained from the panchayat. Rule 5 provides that the slaughter houses shall be established 90 meters away from the residential premises or public place and 30 meters away from public roads. It also provides that the openings of the slaughter houses shall not face any street or pathway. In other words, the slaughtering of animals must be made in a concealed place and there is an obligation to put a board in front of the slaughter house showing that it is a slaughter house. Rule 6 provides for taking a licence for running the slaughter house. In other words, the slaughtering of animals must be made in a concealed place and there is an obligation to put a board in front of the slaughter house showing that it is a slaughter house. Rule 6 provides for taking a licence for running the slaughter house. Rule 7 prohibits the entry of any person other than a person authorised by the Secretary of the Panchayat to the slaughter house at the time of slaughtering of animals. Rule 8 provides that the inspecting authority shall certify that the animal to be slaughtered is free from any contagious or other diseases. The date and time of inspection has also to be mentioned in the certificate which has got a validity for 48 hours. The person in charge of the slaughter house has to verify the details contained in the certificate and to make entry in the register maintained therein. Rule 11 prohibits the sale of meat for human consumption in or near the slaughter houses. Rule 12 provides for removing the animals slaughtered expeditiously to the meat shops. Various other conditions are provided regarding the maintenance of the slaughter houses and the disposal of the waste, blood etc. of the slaughtered animals. Rule 30 provides for the procedure to be followed for the starting and stopping of the slaughter houses by the Panchayat and Rule 40 provides for the conditions to be maintained by the meat vendors. From the provisions of the Rules and the Act discussed above it would appear that it is in the interests of the public and public health that the requirement of establishing public or licensed slaughter houses is necessitated. Apart from the averment that the Panchayat has established slaughter houses and that it is taking steps for establishing a permanent slaughter house, absolutely no material has been produced before this Court to show that the first respondent Panchayat before auctioning the right to vend meat in the public markets belonging to it, has established any public or licensed slaughter house as contemplated under the rovisions of Ss. 229, 230 and 231 of the Act read with the Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996. 7. 229, 230 and 231 of the Act read with the Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996. 7. Having regard to the object and purpose for which slaughter house have to be established in the panchayat and since no slaughter house as contemplated under the provisions of the Act and the Rules mentioned above has shown to be established, the first respondent Panchayat is interested from auctioning the right to vend meat in the two public markets mentioned above or in other places within the first respondent Panchayat until public or licensed slaughter houses are established in accordance with the provisions of the Act and the Rules Since the meat is a requirement of the people of the Panchayat for their food and since it is an obligation on the part of the Panchayat to provide for meat stalls in the public markets maintained by the Penchayat and since by the present order the first respondent is interdicted from auctioning the right to vend meat in the places mentioned in Ext. P1 notice, the first respondent will take immediate steps for establishment of slaughter houses as provided under the Act and the Rules mentioned above is expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. The Original Petition is disposed of as above. Issue photo copy. Order accordingly.