IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 26292 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. SASIDHARAN,S/O.APPU,AGED 55 YEARS, KAKKADATH PALATT HOUSE,SIVAPURI ROAD, NORTH BEYPPOOR PO,KOZHIKODE. 2. K.P.AMBIKA,W/O.SASIDHARAN,AGED 50 YEARS KAKKADATH PALATT HOUSE,SIVAPURI ROAD, NORTH BEYPPOOR PO,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. BEYPUR GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY,BEPUR,KOZHIKODE. 2. M.GOPINATHAN,S/O.K.KRISHNAN NAIR, GYATHRI NIVAS, KARINGKODI KAVIL PARAMBIL, KOZHIKODE. 3. OMBUDAMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.K.A.SALIL NARAYANAN FOR R1 BY ADV. SRI.R.SUDHISH FOR R2 BY ADV. SMT.M.MANJU FOR R2 BY ADV. SRI.K.R.RANJITH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.26292 of 2010 EXT.P1 TRUE COPY OF THE LICESE ISSUED BY THE PANCHAYAT DATED 14.12.2001 IN THE NAME OF THE FIRST PETITIONER. EXT.P2 TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE LICENSE FEE FOR THE D & O LICENCE FOR THE FINANCIAL YEAR 2010-11 EXT.P3 TRUE COPY OF THE PLAINT IN O.S.NO.500/2010 ON THE FILE OF THE MUNSIFF'S COURT II, KOZHIKODE DT. 3.9.2010 EXT.P4 TRUE COPY OF THE INJUNCTION APPLICATION FILED BY THE SECOND RESPONDENT IN O.S.NO.500/2010 DT. 3.7.2010 EXT.P5 TRUE COPY OF THE ORDER NO.C7-11269/10 DATED 12.7.2010 OF THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PANCHAYAT DATED 17.7.2010 EXT.P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED AUGUST, 2010 EXT.P8 TRUE COPY OF THE ORDER DATED 5.8.2010 IN COMPLAINT NO. 1422/2010 BY THE HON'BLE OMBUDSMAN. EXT.P9 TRUE COPY OF THE CERTIFICATE OF ANALYSIS DATED 11.8.2010 ISSUED BY THE POLLUCHEM LABORATORIES (P) LTD. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.26292 of 2010 ------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T The petitioners are running an oil mill within the local limits of the first respondent Panchayat. It appears that on a complaint filed by the second respondent, the Secretary of the first respondent Panchayat issued Ext.P5 notice dated 12.7.2010 directing the petitioners not to run their unit after 6 p.m. They were cautioned that if they violate the said direction, their unit will be closed down. Aggrieved thereby, the petitioners submitted Ext.P6 representation before the Secretary of the Panchayat, wherein they requested the Secretary of the Grama Panchayat to re-consider the order, after hearing both sides. In that representation, the petitioners stated that after receipt of Ext.P5, they are not running the oil mill after 6 p.m. Thereafter, the petitioners filed a complaint before the Honourable Ombudsman for Local Self Government Institutions, wherein also they canvassed the correctness of Ext.P5. After notice to and hearing the petitioners and respondents 1 and 2, the Honourable Ombudsman for Local Self Government Institutions passed Ext.P8 order whereby the Secretary of the Grama Panchayat was directed to take a final decision in the matter after hearing both sides. However, the Honourable Ombudsman observed that the petitioners had given an W.P.(C) No.26292 of 2010 2 undertaking to the effect that will not operate the oil mill between 6 p.m. and 7 a.m. Exts.P5 and P8 are under challenge in this writ petition. 2. When the writ petition came up for hearing on 8.9.2010, this Court directed the Secretary of the first respondent Grama Panchayat to produce the undertaking, if any, given by the petitioners to the effect that they will not operate the oil mill between 6 p.m. and 7 a.m. When the writ petition came up for hearing today, the learned counsel for the first respondent submitted that the petitioners have not given any such undertaking and the only undertaking given by them is one contained in Ext.P6, wherein they have stated that after receipt of Ext.P5, they are not running the oil mill after 6 p.m. In such circumstances, as Ext.P5 is only an interim order and for the past nearly three months, the petitioners are not running the unit after 6 p.m., I am of the opinion that the Secretary should take a final decision in the matter at the earliest. I accordingly dispose of the writ petition with a direction to the Secretary of the first respondent Grama Panchayat to take a final decision on the complaint filed by the second respondent expeditiously and in any event, within two weeks from the date of production of a W.P.(C) No.26292 of 2010 3 copy of this judgment. Till such time, the petitioners shall not operate the oil mill between 6 p.m. and 7 a.m. P.N. RAVINDRAN, JUDGE. nj.