IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21635 of 2008(A) -------------------------- PETITIONER: --------------- C.P. IBRAHIM RAWTHER, S/O.PAREED RAWTHER, VALIYAVEETIL HOUSE, PALLICHACHIRA.P.O, PAIPPAD, CHANGANASSERY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: ------------------ 1. PAIPPAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PAIPPAD, CHANGANASSERY. 2. SECRETARY, PAIPPAD GRAMA PANCHAYATH, PAIPPAD, CHANGANASSERY. 3. DISTRICT MEDICAL OFFICER, KOTTAYAM. 4. HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, KARUKACHAL, KOTTAYAM (IN CHARGE OF PAIPPAD GRAMA PANCHAYATH) 5. K.A. ALIKUNJU, THOPPIL HOUSE, PAIPPAD VILLAGE, CHANGANASSERY TALUK. 6. HUSSAIN, THOPPIL HOUSE, PAIPPAD VILLAGE, CHANGANASSERY TALUK. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21635 OF 2008 A ==================== Dated this the 18th day of July, 2008 J U D G M E N T Petitioner submits that against Ext.P10 order cancelling licence of his hotel, he has filed Ext.P12 appeal before the Committee of the Panchayat together with a request for stay of Ext.P10. According to the petitioner, while orders are awaited on the appeal and stay petition, by Ext.P11, he has been directed to close down his hotel. It is in these circumstances, the writ petition has been filed. 2. Since the appellate authority is seized of the appeal and also the application for stay, it is only proper that the Panchayat enforce Ext.P10 only after the appellate authority considers the aforesaid application of the petitioner. Since that has not been done, I feel Ext.P11 is premature as on date. 3. Accordingly, the writ petition is disposed of directing that the 1st respondent shall consider either Ext.P12 appeal filed by the petitioner or his request for stay, as expeditiously as possible and at any rate within 2 weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Exts. P10 and P11 will be kept in WPC 21635/08 :2 : abeyance. Petitioner shall produce a copy of this judgment before the Panchayat on or before 22/7/2008, as otherwise, he will not be entitled to the benefit of this judgment. ANTONY DOMINIC, JUDGE Rp