✦ Kerala High Court · 04 Sep 2008

T.R.SHIJU v. THE POOTHADI GRAMA PANCHAYATH

WP(C) No. 8826 of 2008ANTONY DOMINIC2 min read

Case at a glance

Decided
04 Sep 2008
Bench
ANTONY DOMINIC

Outcome

Disposed of

Writ petition is disposed of as above

Key paragraphs

  • Para 44. It is directed that in the meanwhile, for a period of 4 weeks from today, the interim order passed by this court dated 01.04.2008directing that status quo be maintained, will remain in force. Writ petition is disposed of as above.ANTONY DOMINIC, JUDGERp

Judgment

ANTONY DOMINIC, J.===============W.P.(C) NO. 8826 OF 2008 A====================Dated this the 4th day of September, 2008 J U D G M E N TThe challenge in this writ petition is against Ext.P3, a stop memo issued by the 2nd respondent Health Officer of the 1st respondentPanchayat. Among the various allegations in Ext.P3, one is that thepiggery farm is run without a licence obtained from the 1st respondentPanchayat.

2.

Counsel for the petitioner mainly raised the plea that the Madras Public Health Act, 1939, in terms of which Ext.P3 has been issued is inapplicable to the State of Kerala in view of the provisions contained in the Kerala Panchayat Raj Act. This contention of the learned counsel for the petitioner is plainly untenable for the reason that by an amendment to Section 1(2) of the Madras Public Health Act, 1939, the operation of the Act has been extended to the whole of Malabar District and the KasargodTaluk of South Kanara District as defined in the States Reorganisation Act,1956. If that be so, since the area in question comes within the erstwhileMalabar District and the Act is applicable.

3.

The counsel for the petitioner concedes to the position as at WPC 8826/08:2 :present licence has not been renewed by the Panchayat. But then it is afact that the Panchayat has not passed final order on his licence application as well. Though it may be open to the Panchayat to pass any order as it deems fit on the application for licence, but then it being astatutory authority is expected to pass orders on the application, which it has not done. This the Panchayat shall do, as expeditiously as possible, at any rate within 3 weeks from today. It is directed that before final orders are passed, notice shall be given to the petitioner and also the additional3rd respondent.

Operative part

4.

It is directed that in the meanwhile, for a period of 4 weeks from today, the interim order passed by this court dated 01.04.2008directing that status quo be maintained, will remain in force. Writ petition is disposed of as above.ANTONY DOMINIC, JUDGERp

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Writ petition is disposed of as above

Which statutory provisions did this judgment involve?

theMadras Public Health Act, 1939; Kerala Panchayat Raj Act; Madras Public Health Act, 1939 — s. 1(2); States Reorganisation Act, 1956; District and the Act.

Which court decided this case, and when?

Kerala High Court, on 04 Sep 2008. The bench was ANTONY DOMINIC.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. WP(C) No. 8826 of 2008). ← Search more judgments