IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22745 of 2010(P) -------------------------- PETITIONER(S): --------------- JOSEPH,S/O.KALLELIVEETTIL PAPPU, KALLELLILVEETTIL,THIRUMUDIKUNNU DESOM,KIZHAKKUMURY VILLAGE,KORATTY EAST.P.O,THRISSUR-680 308. BY ADV. SMT.MEREENA JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, STATE SECRETARIATE,THIRUVANANTHAPURAM-695001. 2. THE KORATTY GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,KORATTY GRAMA PANCHAYAT, KORATTY,THRISSUR DISTRICT-680308. 3. ANTONY,S/O.CHENGINIYADAN DEVASSY, THIRUMUDIKKUNNU DESOM,KORATTY EAST,KORATTY KIZHAKKEMURI VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680308. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22745/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of July, 2010 J U D G M E N T The petitioner is aggrieved by the denial of a licence to conduct a poultry farm, by the second respondent- Panchayat. The petitioner has got certain disputes with the third respondent who as a plaintiff filed O.S.No.71/2008 seeking for various reliefs, which suit was decreed by the Munciff Court, a copy of which is produced as Ext.P1. It is submitted that an appeal is pending against the said Judgment before the appellate court. 2. The petitioner, thereafter, filed an application for issuance of licence and, according to the petitioner, all the legal formalities have been completed. When enquired about the fate of the application, the petitioner came to know that the third respondent has filed a fresh suit as O.S.No.259/2010 before the same court, wherein the Secretary of the Panchayat alone is arrayed as a party and an order of injunction has been passed therein restraining the Secretary from issuing the licence. 3. The learned counsel for the petitioner submitted that as the application has not been returned or rejected, the petitioner can invoke the provisions under Section 236 (3) of the Panchayat Raj Act for deemed licence. W.P.(C). No.22745/2010 -:2:- 4. Now that the matter is pending before the Civil Court, even though the petitioner is not arrayed as a defendant therein, it is upto the petitioner to seek impleadment there and to oppose the interim order of injunction. Leaving open the said remedy, the writ petition is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE