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. 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 facilities to keep it clean and hygienic was inaugurated on 13.7.2000. But even after the lapse of 9 years it has not given to meat vendors for slaughtering of animals, with an oblique motive to harass the petitioners and close down their shops. (II) Panchayat has constructed slaughterhouse and fish and meat stall for the convenience of meat merchants. Total cost of that building is more than Rs. 75 lakhs. But due to some political reasons it is not allotted to the meat vendors. It cause heavy damage to the Panchayat, meat vendors and the public. (III) If Ist respondent had given the slaughterhouse to the meat vendors, slaughtering of animals would have done in appropriate manner very conveniently. Total cost of that building is more than Rs. 75 lakhs. But due to some political reasons it is not allotted to the meat vendors. It cause heavy damage to the Panchayat, meat vendors and the public. (III) If Ist respondent had given the slaughterhouse to the meat vendors, slaughtering of animals would have done in appropriate manner very conveniently. It is serious dereliction of duty on the part of Panchayat. The above action of the 1st respondent is with mala-fide intention to evict the petitioners from their meat stall somehow or other. (IV) The issuance of Exhibit P8 order is mala-fide and with ulterior motive. 1st respondent has not opened the slaughter house which was constructed by spending more than 75 lakhs Rupees with intention to close down the meat stall and finally allowed the stall to vendors of their choice. It is a national waste and may be recovered from the Panchayath members. Now the Panchayath is trying to prevent the sale of meat during the Easter holidays by the petitioners. (3) On going through the office records, it will be seen that as per resolution No. 181 dated 29.12.1998, Grama Panchayat initially resolved to establish a slaughter house at the land in R.S. No. 208/23, 210, 211 of Sulthan Bathery Village owned by the Grama Panchayat. Kerala Agricultural University prepared a plan for a slaughterhouse. The Superintending Engineer, Building and Local Works, North Circle, Kozhikode prepared an estimated report and detailed report for an amount of Rs. 11,00,000/- for the slaughter house with the facilities to slaughter and handle 21 numbers of cattle, 26 numbers of goat and sheep's force in. Administrative sanction for the work was accorded on 11.3.1998 as per G3-11416/98 of the Director of Panchayats. The work was tendered and the final tender was approved 68% above the estimated rate as per Resolution No. 12/92 dated 31.8.1992. The work was completed on 7.7.1999 and the final bill was passed. The supplementary works, like compound wall, electrification, water supply were done in several stages. The construction of roof slab of the pump house, covering slab of tank, and drainage were done in separate estimates. The electrification of the slaughter house was completed on 16.2.2000, construction of the compound wall to the slaughterhouse was completed on 16.2.2005. The supplementary works, like compound wall, electrification, water supply were done in several stages. The construction of roof slab of the pump house, covering slab of tank, and drainage were done in separate estimates. The electrification of the slaughter house was completed on 16.2.2000, construction of the compound wall to the slaughterhouse was completed on 16.2.2005. The Panchayat obtained consent of the Kerala State pollution Control Board on 30.1.2003 to operate the slaughter house with validity up to 31.12.2004 and has decided to open it on 25.2.2003, as per Resolution No. 372 dated 21.2.2003. The inauguration of the slaughter house was scheduled to be conducted and notice was published. But it is reported that the inauguration could not be conducted due to the protest against the opening of the slaughter house. The details of the cost of establishing the slaughter house are shown below: Cost of purchase of land 2.45 Acre at R.S. No. 208/2A, 210, 211 of Sulthan Bathery Village 7,04,375.00 Cost of construction of slaughterhouse building 15,43,271.00 Cost of construction of roof slab and pump house 1,16,865.00 Electrification of slaughter house 43,277.00 24,07,788.00 Construction of compound wall and water supply 5,49,271.00 Total 29,57,059.00 (4) Though the Panchayat decided to open the slaughter house on 25.2.2003 as per resolution No. 372 dated 21.2.2003, it is seen that the move failed due to the opposition by the local public, Pursuant to that the Panchayat, as per resolution 381 dated 12.3.2003 appointed a sub committee to have talks with the local public who were protesting against the opening of the slaughter house. But thereafter no pursuant action is seen taken by the Panchayat officials for a long-time, to ensure the functioning of the slaughter house. Only after six years, exactly on 12.5.2009 the panchayat tried to convene a meeting of the local people to sort-out issues aimed at arriving at a consensus with respect to the opening of the slaughter house. (5) The undersigned visited the Grama Panchayat on 6.1.2010 and conducted a spot inspection at the slaughterhouse, Sulthan Betheri. The various sections and parts of the slaughter house were inspected with the technical Assistants of Sanitary Inspector, Sulthan Bathery Grama Panchayat and Assistant Engineer/Overseas and connected files and other records were also subject to verification. The following records were also verified. 1. Minutes book of the Sulthan Bathery Grama Panchayat from 12/88 onwards. 2. The various sections and parts of the slaughter house were inspected with the technical Assistants of Sanitary Inspector, Sulthan Bathery Grama Panchayat and Assistant Engineer/Overseas and connected files and other records were also subject to verification. The following records were also verified. 1. Minutes book of the Sulthan Bathery Grama Panchayat from 12/88 onwards. 2. File No. PW-3742/91 (Pages 402) Construction of a slaughter house in Sulthan Bathery Grama Panchayat. 3. Voucher No. 475, 476 of 99-2000 (Page 44) Construction of Roof Slab and pump house. 4. File No. A1-52/2000 dated 13.3.2000 (Page: 3-144) P Electrification of slaughter house. 5. 81.821/02 file pages 28 General file. 6. Voucher No. 842/02-03 (Construction of compound wall) 7. M-Book No. 37/03-04 (99 Pages) 8. M-Book No. 19/1999 (101 Pages) (6) The Panchayat is still remitting the Electricity charges of slaughter houses which comes to an average Rs. 668/- per month. Thus the total fund expended towards Electricity charges of slaughter house from 1.1.2004 to 1.12.2009 comes to Rs. 60 x 668 - 40,080/- while the total expenditure under establishment of the slaughter house comes to Rs. 29,57,059/-. This is in addition to the revenue income which would have been received by the Grama Panchayat if the slaughterhouse had been made functional the date on which the inauguration was scheduled by the Grama Panchayat. (7) On the site inspection it is noticed that the whole electrical wiring system and machineries of the slaughter house are damaged with the ceiling, floor and wall of the slaughter house in a dilapidated condition. As of now without conducting a repair-work of the slaughterhouse and the reinstalling some machinery and re-wiring the entire electrical system the slaughter house cannot be made operational. The Panchayat officials expressed their preparedness to open the slaughter immediately after effecting some repairs. The Panchayat has got the approval of a project for the purpose bearing No. 197/09-10 with a total estimate of Rs. 13,00,000/- by District Planning Committee Wayanad, which is expected to be completed in 6 months. (8) So it is very evident that the allegation raised by the petitioners that the inauguration took place on 1.3.2000 is baseless. The inauguration of the slaughter house could not have been conducted due to the agitation by the people around at Sathramkunnu. It never took place either on 13.7.2000 or as decided by the Panchayat on 25.2.2003. (8) So it is very evident that the allegation raised by the petitioners that the inauguration took place on 1.3.2000 is baseless. The inauguration of the slaughter house could not have been conducted due to the agitation by the people around at Sathramkunnu. It never took place either on 13.7.2000 or as decided by the Panchayat on 25.2.2003. As the Panchayat has never opened the slaughter house, the allegation put up by the petitioners that, the slaughterhouse, was not given to meat vendors, intentionally is also false. (9) There have been serious laxity and callousness coupled with a lukewarm approach in discharging mandatory functions on the part of the Panchayat Committee in not taking effective steps to operate the slaughter house. (10) An amount of Rs. 29,57,059/ + 48,096 as on 1.12.2009, has been spent towards the establishment and maintenance of the slaughter house so far. This amount, on an annual basis with 14 % interest thereon is worked out applying the following formula. Establishment charges + Electricity Charges X Interest 14% 100 X years Hence the probable cumulative loss incurred to the Grama Panchayat on account of the delay in making the slaughter house operational and also for the idle investment for the construction of slaughter house is arrived at as follows: (A) (i) Amount for the establishment of slaughter house is 29.57,059/- + (a) (ii) Interest @ 14% from 25.2.2003 (the date on which inauguration proposed) to 31.12.2009 (taken to be 7 completed years) as - 28,97,918/- (b) Total 58,54,977/- (B) (i) Electricity charges from 1.1.2004 to 1.12.2009 (Rs. 668/- on an average Per month for 6 years) 668 x 12 x 6 years 48,096/- + (c) Probable loss towards establishment A+B (a+b+c) Gross Total 59,03,073/- Therefore, the cumulative loss towards the establishment of slaughterhouse is worked out to be Rs. 59,03,073/- If any expenditure on account of the proposed repair work of the slaughter house will be an addition to the loss worked out above. 5. Learned Counsel for the present Sulthan Bathery Municipality submitted that the 1st petitioner is conducting a meat stall with licence. 59,03,073/- If any expenditure on account of the proposed repair work of the slaughter house will be an addition to the loss worked out above. 5. Learned Counsel for the present Sulthan Bathery Municipality submitted that the 1st petitioner is conducting a meat stall with licence. Anyhow, petitioners cannot be heard to say that they can conduct a meat stall without securing licence from the Panchayat/Municipality, because the issue is clearly guided by Sections 229, 230, 230A and 231 of the Kerala Panchayat Raj Act, 1994 and the provisions of Kerala Panchayat Raj (Slaughter House and Meat Stall) Rules, 1996. Section 230 of the Act, 1994 clearly specifies that the owner of any place within the village Panchayat area which is used as a slaughterhouse 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 Village Panchayat for a licence. Prior to the amendment the said power was conferred on the Secretary. The Rules also clearly specifies the manner in which the licence is to be granted for butchers. Rule 6 of Rules 1996 clearly specifies that no person shall be permitted for slaughtering animals in the slaughterhouse except without a licence in Form I issued by the Secretary. It also specifies that the applicant shall pay fee for grant of licence and furnish along with the application a certificate obtained from an Alopathy Doctor not below the rank of an Assistant Surgeon to prove that he is not infected with any contagious diseases or having any health problems warranting refusal of licence for slaughtering animals. Rule 11 of Rules 1996 stipulates that no person shall be permitted to sell meat in the slaughterhouse or in its premises, but the non eatable animal parts like horns, skin etc. may be sold within the yard to the purchasers to whom permits have been issued by the Secretary or other officer authorized by him to another yard for the purpose. The other provisions of the Rules 1996 empower the Municipality authorities to control and regulate the functioning of the meat stalls and slaughterhouses. may be sold within the yard to the purchasers to whom permits have been issued by the Secretary or other officer authorized by him to another yard for the purpose. The other provisions of the Rules 1996 empower the Municipality authorities to control and regulate the functioning of the meat stalls and slaughterhouses. Therefore, it is clear that the Ext.P8 notice issued by the Sulthan Bathery Grama Panchayat was in accordance with law, in view of the fact that no slaughterhouse or meat stalls can be conducted without securing adequate licences from the Grama Panchayat/Secretary. Typical are the provisions contained under Sections 452, 453 and 455 of the Kerala Municipality Act, 1994. 6. Taking into account the above said factual and legal aspects, I am of the considered opinion that the petitioners have not made out any case for interference with Ext.P8 order passed by the Secretary of the Sulthan Bathery Grama Panchayat. 7. Needless to say, the writ petition fails and it is dismissed accordingly.