

Chennai
Justice G Jayachandran before whom the plea moved by one A Ibrahim challenging the closure of his beef stall by the Executive Officer, Nandhivaram Guduvanchery Town Panchayat, came up said, “The petitioner herein, till date has not obtained license from the Local Authority. Besides any establishment of slaughterhouse should also comply the requirements mentioned under Sections 33, 34 & 35 of the Tamil Nadu Public Health Act, 1939. Hence, possession of license issued by FSSAI alone is not enough to carry on slaughterhouse or beef stall.”
“The Tamil Nadu Public Health Act, 1939, particularly, Sections 33 and 34 prohibits occupation of building without drains and letting out sullage and sewage into the streets. When any occupier indulging in letting out sullage and sewage into the streets which may cause injury to the public, the authority is empowered to act against the offenders,” Justice Jayachandran said.
The petitioner (Ibrahim) had submitted that he has been running the beef stall at Senkeniyamman Koil Street, for the past 20 years. The license issued by FSSAI, is valid up to February 11, 2020. While so, based on some anonymous complaint, the executive officer without causing any due enquiry, arbitrarily issued notice in March last year to close the beef stall.
In response, the executive officer informed the court that the notice of closure was issued under Sections 33, 34 (A), 35(A)(B) and 134(1) of the Tamil Nadu Public Health Act, 1939, in view of nuisance caused by the petitioner to the public, affecting public health.
The counter also stated that while the revenue records at which the petitioner is running his beef stall is mentioned as vacant place, the petitioner had set up the beef stall without obtaining permission from the Executive Authority or the Commissioner. Moreover, the presence of the petitioner’s shop causes hindrance to general public and that he is not maintaining the shop with proper sullage or sewage for disposal of the blood wastage which flows in the streets and therefore, the order of closure was issued, the counter said.
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