IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 W.P(C).No. 20508 of 2008(N) ---------------------------------- PETITIONERS: ---------------- 1. BALAKRISHNAN, AGED 65, S/O.ACHUTHAN, THUMBAYIL HOUSE, KURICHILAKODE KARA, KODANAD VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DT. 2. GIRIJAVALLABHAN, AGED 60,S/O.ACHUTHAN, THMBAYIL HOUSE, KURICHIKODE KARA, KODANAD VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------------ 1. KOOVAPPADY GRAMA PANCHAYATHY, REP. BY ITS SECRETARY. 2. SECRETARY, KOOVAPPADY GRAMA PANCHAYATH. 3. DISTRICT MEDICAL OFFICER, ERNAKULAM. 4. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 5. FIRE OFFICER, FIRE STATION, PERUMBAVOOR. 6. SOORAJ, S/O.VIJAYARAGHAVAN, KOTTAKUDY HOUSE, KURICHILAKOD KARA, KODANAD VILLAGE, KUNNATHUNAD TALUK. 7. SHAJU, S/O. PADMANABHAN, NEDUVELIKUDY HOUSE, KURICHILAKODE KARA, KODANAD VILLAGE, KUNNATHUNAD TALUK. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 20508 OF 2008 - N = = = = = = = = = = = = = = = Dated this the 8th July 2008 J U D G M E N T The prayer in this writ petition is to direct respondents 1 to 5 not to give licence to respondents 6 and 7 without affording an opportunity of hearing the petitioners. A further direction to the aforesaid respondents to conduct an inspection of the properties of the petitioners and respondents 6 and 7 is also sought for. 2. On facts, I am not satisfied that the petitioners have made out a case for an order as sought for. It is seen that there is a litigation pending between the parties before the civil court in which the petitioners had obtained an order of injunction against respondents 6 and 7. That order has been vacated and it is thereafter that this writ petition has been filed. 3. Now, what is contended before me is that without conducting any enquiry, it is likely that respondents 1 to 5 will grant licence to respondents 6 and 7. As at present, I have no material to W.P.(C) No. 20508 OF 2008 -2- endorse the view of the petitioners that without any enquiry or examination of the facts licence will be granted. I have also no reason to think that if according to them, an enquiry is necessary, respondents 1 to 5 will not conduct the same. Therefore, I am not persuaded to pass orders that are sought for in this writ petition. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-