IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24322 of 2011(M) --------------------------------------- PETITIONER: ------------------- M.P. RANJITH KUMAR, S/O. MOORKOTH NARAYANAN, AGED 55 YEARS, MANAGING PARTNER, CANNANORE HANDLOOM EXPORTS, DYEING DIVISION, BANGANAPARAMBU, P.O. KOODALI, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR. RESPONDENTS: ------------------------ 1. THE SPECIAL GRADE SECRETARY, KOODALI GRAMA PANCHAYAT, KOODALI GRAMA PANCHAYAT OFFICE, KANNUR – 670 592. 2. THE KOODALI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOODALI GRAMA PANCHAYAT OFFICE, KANNUR – 670 592. 3. THE KOODALI GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, KOODALI GRAMA PANCHAYAT, KANNUR – 670 592. R1 TO R3 BY SRI. BABU JOSEPH KURUVATHAZHA. S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24322/2011-M: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE PARTNERSHIP DEED DTD 01/12/1997. EXT.P.2: COPY OF THE ORDER OF THE R.1. DTD. 06/11/2000 GRANTING SANCTION TO START THE UNIT. EXT.P.3: COPY OF THE LICENSE DTD. 07/06/2002 ISSUED BY THE R.1. EXT.P.4: COPY OF THE PLAN OF THE EFFLUENT TREATMENT PLANT OF THE PETITIONER'S UNIT. EXT.P.5: COPY OF THE RECEIPT ISSUED BY THE KOODALI GRAMA PANCHAYAT DTD. 03/05/2011 FOR SUBMISSION OF THE APPLICATION FOR RENEWAL OF LICENSE. EXT.P.6: COPIES OF THE PHOTOGRAPHS (22.NOS). EXT.P.7: COPY OF THE SHOW CAUSE NOTICE DTD. 09/05/2011 ISSUED BY THE R.1. EXT.P.8: COPY OF THE REPLY DTD. 18/05/2011 SUBMITTED BY THE PETITIONER. EXT.P.9: COPY OF THE NOTICE OF CLOSURE ISSUED BY THE R.1. DTD 29/08/2011 AND RECEIVED ON 03/09/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 24322 OF 2011 ------------------------------- DATED THIS THE 6TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P9 notice of closure issued by the lst respondent. Ext.P9 is issued to the petitioner directing him to stop the functioning of the unit. Learned Counsel for the petitioner pointed out that an appeal under Section 276 of the Kerala Panchayat Raj Act would lie to the Panchayat against the notice issued or the order passed or the action taken by the President or Secretary in exercise of the powers conferred under the provisions of the said Act. The counsel also submitted that the petitioner is inclined to file an appeal challenging Ext.P9 notice and requested this Court that the proceedings initiated pursuant to Ext.P9 order may be kept in abeyance for a reasonable period so as to enable the petitioner to prefer an appeal and seek appropriate orders. 2. In view of the limited prayer, this Court is of the view -2- W.P.(C).No.24322/2011 that the writ petition can be disposed of at the admission stage without issuing notice to the respondents. 2. Accordingly, the writ petition is disposed of directing the petitioner to prefer an appeal before the Appellate forum within a period of three weeks from today. All further proceedings pursuant to Ext.P9 notice shall be kept in abeyance for a period of two months. Sd/- HARUN-UL-RASHID, Judge. kcv.