IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 11300 of 2009(F) ---------------------------------- PETITIONER: ------------------ JOSEPH, S/O.ULAHANNAN, CHENNAKULAM, MYSOREMALA, MUKKOM P.O., KOZHIKODE. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): ------------------------ 1. KODIYATHUR GRAMA PANCHAYAT, KODIYATHUR P.O., MUKKOM, KOZHIKODE-673 602, REP.BY ITS SECRETARY. 2. THE SECRETARY, KOIYATHUR GRAMA PANCHAYATH, KODIYATHUR P.O., MUKKOM, KOZHIKODE-673 602. 3. THE KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM, REP.BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMNET, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 5. DISTRICT OFFICER, KERALA STATE POLLUTION CONTROL BOARD, 3RD FLOOR, ZAMORINS SQUARE, LINK ROAD, KOZHIKODE, REPRESENTED BY THE ENVIRONMENTAL ENGINEER. 6. BINUKUMAR @ BINU, S/O.CHINNAN, MAYANGAL HOUSE, PARATHODU, MYSOREMALA, MUKKOM P.O., KOZHIKODE. 7. KELU ALIAS CHINNA, S/O.KANDAN, ANAPARAKKAL, KODIYATHOOR DESOM, PANNIKKODE DESOM, KOZHIKODE TALUK, KOZHIKODE TALUK. ADV. SRI.A.SUDHI VASUDEVAN,SC FOR PCB. SRI. M.K. CHANDRAMOHANDAS, SC SMT. R. BINDU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11300 of 2009 --------------------------------- Dated, this the 21st day of April, 2009 J U D G M E N T The grievance in the writ petition is that in respect of the piggary of the petitioner, he submitted Ext.P10, an application for licence to the 1st respondent. But, however, the same has been rejected by Ext.P11 order for the reason that WP(C) No.1896/2009 filed by the 6th respondent is pending before this Court. The petitioner states that in O.S.827/2008 filed by the 7th respondent, Ext.P9 order was passed by the Principal Munsiff -II, Kozhikkode, granting injunction against him and that in CMA No.24/2009 filed by him before the District Court, Calicut, an order has been passed staying Ext.P9 subject to the petitioner producing licence granted by the 1st respondent before 22/05/2009. It is stated that in view of this, unless Ext.P10 is considered by the 1st respondent on merits and licence issued, he will be deprived of the benefit of the order passed by the District Court in the CMA referred to above. 2. A reading of Ext.P11 shows that the reason stated in rejecting Ext.P10 application made by the petitioner is the pendency WP(C) No.11300/2009 -2- of WP(C) No.1896/2009 filed by the 6th respondent. The Panchayat has case that in the said writ petition, this Court has passed any order restraining the Panchayat from considering the application for granting licence. If that be so, on receipt of the application from the petitioner, the Panchayat ought to have considered the licence application on merits and passed an order on that basis. This having not been done by the 1st respondent Panchayat, Ext.P11 is quashed and respondents 1 & 2 are directed to consider Ext.P10 on merits and pass orders thereon, with notice to the petitioner and respondents 6 & 7. This shall be done as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment, along with a copy of this writ petition. It is clarified that this Court has not expressed anything on the merits of the claim made by the petitioner for licence in respect of the piggary. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg