IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WA.No. 85 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.37586/2010 Dated 20/12/2010 .................... APPELLANT/PETITIONER --------------------------- SAKTHI METALS, NANDIPULAM REP.BY MANAGING PARTNER, C.N.RAJEEVAN,AGED 49 YEARS, S/O.NARAYANAN, CHULLIPARAMBIL HOUSE,NADIPULAM, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE SECRETARY,VARANDARAPPILLY GRAMA PANCHAYAT, PO,VARANDARAPPILLY, THRISSUR DIST. PIN 680 303 2. VARANDARAPPILLY GRAMA PANCHAYAT, REP. BY THE SECRETARY,PO.VARANDARAPPILLY THRISSUR DIST. PIN 680 303. BY ADV.SRI.C.A.CHACKO THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 85 of 2011 ------------------------------------------ Dated this the 31st day of January, 2011 JUDGMENT Ramachandra Menon, J. The appellant/petitioner is stated as aggrieved by the verdict passed by the learned Single Judge whereby the writ petitioner was relegated to avail the statutory remedy by way of appeal with regard to Ext.P7 stop memo issued by the Panchayat intercepting the operation of the quarry based on the licence issued earlier. 2. The case of the petitioner before this Court was that the petitioner was having all the requisite licences as borne by Exts.P1, P2, P3, etc. and that he was operating the quarry on the basis of such licences. In the meanwhile, there occurred some law and order situation which made the petitioner to approach this Court and after hearing the parties concerned Ext.P4 judgment was passed on 14.7.2004 affording police protection to the petitioner for operating the quarry. However, in the course of events a further memo (Ext.P7) was issued by the Panchayat allegedly based on the complaint of somebody, on 15.12.2010 asking the petitioner to stop the operation of the quarry which made him to approach this Court by filing the writ petition. 3. After appreciating the facts and circumstances and also the W.A.No.85 of 2011 - 2 - relevant provisions of law, particularly Section 276(1) of the Kerala Panchayat Raj Act, it was observed by the learned Single Judge that the petitioner was having an effective alternative remedy by way of appeal before the Panchayat Committee and if he is still aggrieved by the order passed by the said Committee, he can move the Tribunal for Local Self Government Institutions by revision. In the said circumstances, interference was declined and the writ petition was dismissed which made the petitioner to approach this Court by filing the writ appeal. 4. During the course of hearing, learned counsel for the appellant submitted that the appellant has already preferred a statutory appeal and it is pending before the Panchayat Committee. It was in the said circumstances that we issued notice on admission to the respondents. On completion of service of notice the Panchayat has entered appearance and the learned counsel appearing for the Panchayat submits that the appeal (borne by Annexure I receipt) was received only on 23.12.2010 and that the statute itself provides a clear period of 60 days for consideration and finalization of the appeal. It is also brought to the notice of this Court that the Panchayat will consider and finalize the said appeal within the statutory time which is to expire only on 22.2.2011. 5. In the above circumstances, the writ appeal is disposed W.A.No.85 of 2011 - 3 - of directing the statutory authority of the Panchayat to consider and finalize the appeal in accordance with law, of course, after providing an opportunity of hearing to the appellant/petitioner as expeditiously as possible, at any rate, within the statutory period mentioned herein above. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns