IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16625 of 2008(D) -------------------------- PETITIONER --------------- VENUGOPALAN.P, S/O. AMBUJAKSHI AMMA, AGED 45, PALAPETTA HOUSE, CHOOLAKODE.P.O, VALLAPPUZHA (VIA), PIN-679 336. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS ----------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. VALLAPPUZHA GRAMA PANCHAYATH, PALAKKAD DT. REP. BY ITS SECRETARY. 3. VALLAPUZHA GRAMA PANCHAYATGH COUNCIL, REP. BY ITS SECRETARY, VALLAPPUZHA, PALAKKAD DT. 4. JAMES JOSEPH, S/O. P.C. JOSE, J & P CONSTRUCTIONS, VALLAPPUZHA POST, OTTAPALAM TALUK, PALAKKAD DT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16625 OF 2008 D ==================== Dated this the 4th day of June, 2008 J U D G M E N T Petitioner submits that the 4th respondent was conducting blasting operations in a quarry. According to him, as a result of the blasting operations when damages were caused to the petitioner and other neighbouring residents, they had approached the Civil Court by filing OS 160/07 in which Ext.P2 order of injunction was passed by the Civil Court, on the basis that the 4th respondent had not obtained any licence from the Panchayat. It is stated that while the suit is pending, in order to circumvent the Civil Court order, the 4th respondent has made an application to the Panchayat for obtaining licence and on coming to know of the same, petitioner filed Exts. P6 and P7 objection. It is also his case that the Secretary had conducted an inspection and submitted a report adverse to the claim of the 4th respondent. According to the petitioner, the matter is now scheduled to be considered by the Panchayat Committee in their next meeting ignoring the objections filed by the petitioner. In this writ petition, all that is sought for by the petitioner is that before a final decision is taken by the Panchayat on the application made by the 4th WPC 16625/08 :2 : respondent, the objections raised by the petitioner and others may also be considered by the Panchayat. 2. In the nature of the facts as stated by the petitioner, I think they are justified in making their request for directing the Panchayat to consider their objections also. 3. Therefore, this writ petition is disposed of directing that before a final decision is taken by the Panchayat on the application made by the 4th respondent, the petitioner's objections shall also be considered. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd and 3rd respondents for compliance ANTONY DOMINIC,JUDGE. Rp