IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12224 of 2009(W) -------------------------- PETITIONER(S): --------------- P.K.POULOSE, PALIKOODATH, PULIYANOM P.O., ANGAMALY. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. THE SECRETARY, PARAKKADAVU GRAMA PANCHAYATH, KURUMASSERY P.O., ERNAKULAM DISTRICT, PIN-683 579. 2. THE PANCHAYATH COMMITTEE, PARAKKADAVU GRAMA PANCHAYATH, KURUMASSERY P.O., ERNAKULAM DISTRICT, PIN-683 579, REP. BY ITS PRESIDENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009 DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12224 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th April, 2009. J U D G M E N T The petitioner challenges Ext. P10 order whereby the 1st respondent directed the petitioner to close down a piggery being conducted by the petitioner. According to the petitioner the petitioner had earlier a licence to run the piggery. However, the same was not renewed. That was subject matter of a writ petition in which Ext.P5 judgment had been passed by this Court, wherein the Panchayat was directed to take a decision on the application for licence submitted by the petitioner. The petitioner would contend that no decision has been taken as directed in Ext. P5 judgment. All of a sudden, the petitioner has been served with Ext. P10 order directing him to close down the piggery within three days. The petitioner is challenging Ext. P10 order in this writ petition. 2. The petitioner admits that he has a right of appeal against Ext. P10 order as provided under the Kerala Panchayat Raj Act . But the petitioner submits that the petitioner has been given only three days' time and the petitioner cannot move the appeal and seek interim orders within that time. Therefore, the petitioner only seeks a breathing time to approach the appellate authority to seek interim orders in the matter. 3. In view of the urgency of the matter and since this is the last day before summer vacation followed by holidays, I am inclined to dispose of this writ petition granting some time to the petitioner to file an appeal and seek interim order. Accordingly, the writ petition is disposed of without prejudice to the right of the petitioner to challenge Ext. P10 order in an appeal as provided under the Kerala Panchayat Raj Act. In order to enable the petitioner to move the appellate authority and seek interim orders, further proceedings pursuant to Ext. P10 shall be kept in abeyance W.P.C. No. 12224/09 -: 2 :- for a period of two weeks. The appellate authority shall consider the application for interim order expeditiously, so that if the appellate authority is inclined to pass favourable orders, the petitioner would not have to close down the piggery. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.