T.R.SHIJU v. THE POOTHADI GRAMA PANCHAYATH
Case at a glance
- Decided
- 04 Sep 2008
- Bench
- ANTONY DOMINIC
Outcome
Disposed of
Writ petition is disposed of as above
Provisions considered
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.
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.
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
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.