IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17469 of 2008(D) -------------------------- PETITIONER: -------------- SHAJI PHILIP, PANDIYAPPILLIL, PALLIKKATHODU, KOTTAYAM. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ----------------- 1. PALLIKATHODU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, ANIKKADU P.O, KOTTAYAM. 2. THE SECRETARY, PALLIKKATHODU GRAMA PANCHAYAT, ANIKADU P.O, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17469 OF 2008 - D = = = = = = = = = = = = = = = Dated this the 12th June 2008 J U D G M E N T The challenge in this writ petition is against Ext. P17, an order issued by the respondent Panchayat, ordering closure of the piggery that is run by the petitioner. Going on Ext.P17, the correctness of which is seriously disputed by the counsel for the petitioner I am satisfied that an adjudication of the factual issues mentioned therein is necessary for resolving the controversy. This cannot be effectively done in a proceedings under Article 226 of the Constitution of India. 2. In any case, Ext.P17 is an appealable order and therefore it is for the petitioner to pursue the statutory remedies that are available. With that liberty, I dispose of this writ petition. 3. However, taking into account the submission of the learned counsel for the petitioner that there is an imminent threat of implementation of Ext. P17 affecting about 200 pigs in the farm, I direct that further proceedings pursuant to Ext. P17 will be kept in W.P.(C) No. 17469 OF 2008 - 2 - abeyance for 10 days from today and in the meantime, it is for the petitioner to pursue the remedies that are available. Petitioner may produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC JUDGE jan/-