IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WA.No. 1402 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.16400/2008 Dated 03/06/2008 .................... APPELLANT/PETITIONER ------------------------------------ SECRETARY, KUNNAMANGALAM GRAMA PANCHAYAT KUNNAMANGALAM P.O, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.BINDU GEORGE RESPONDENTS/ RESPONDENTS --------------------------------------------- 1. WAVE AQUA PRODUCTS, KP 1/296C, KARANTHOOR P.O, KOZHIKODE, REP.BY ITS PROPRIETOR PREMJITH MENON, S/O.LATE K.KRISHNAN KUTTY MENON, 103, PANAMPILLY APARTMENTS, PANAMPILLY NAGAR, KOCHI. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED RAGFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.1402 of 2008 ===================== Dated this the 7th day of July, 2008. JUDGMENT Koshy,J. The Tribunal for Local Self Government Institutions passed Ext.P8 order directing the Panchayat to consider the application filed by the first respondent in accordance with law. The Tribunal also noticed that the Panchayat has not considered the application for the grant of permit. The operative portion of the order reads thus: "The Panchayat is directed to dispose of the application of the Appellant afresh by proper considered decision as required under Rule 12 of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996 within one month from today." The learned Judge dismissed the Writ Petition filed by the Panchayat. The contention of the Panchayat is that the order was passed ex parte and the objections filed subsequently was WA 1402/08 -: 2 :- not considered. The objection was filed after the required time. In any event, the order of the Tribunal shows that all objections were considered. Accordingly in Ext.P8, the petitioner was directed to consider the application on merits. We are unable to understand why the petitioner has filed this Writ Appeal. It is for the Panchayat to consider and pass orders in accordance with law. The Writ Appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 19/7