IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WA.No. 1785 of 2010 --------------------- AGAINST THE ORDER IN WPC.21465/2010 Dated 06/10/2010 .................... APPELLANT/5TH RESPONDENT IN WPC: ------------------------------------------- M.D.BABY,AGED 46 YEARS,S/O.DAVID, B.P.ASSOCIATES,MADAPPILLIL HOUSE,KIZHAKKAMBALAM, ERNAKULAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN SRI.K.RADHAKRISHNAN, SENIOR ADVOCATE RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4 IN WPC: -------------------------------------------------------------------- 1. K.SASIDHARAN,KARAYIL HOUSE,DESAMANGALAM PO,THRISSUR,PIN 639 532. 2. THE DISTRICT COLLECTOR,THRISSUR, PIN 680 001. 3. THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, POONKUNNAM PO,THRISSUR,PIN 680 002. 4. THE GEOLOGIST,DISTRICT OFFICE, THRISSUR,PIN 680 001. 5. THE DESAMANGALAM GRAMA PANCHAYATH, DESAMANGALAM PO, THRISSUR,PIN 679 532,REP.BY ITS SECRETARY. R1 BY ADV. SRI. P.K. IBRAHIM R2& R4 BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. R3 BY STANDING COUNSEL, SRI.M.K.CHANDRAMOHAN DAS. R5 BY ADV. SRI. P.C. SASIDHRARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1785 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2010 JUDGMENT J.Chelameswar, C.J. This appeal is preferred against an interim order dated 06.10.2010 in W.P.(C) No.21465 of 2010 by which a learned Judge of this Court passed certain interim directions restraining the appellant herein from conducting quarrying operations in a particular quarry (the details of which may not be necessary for the present purpose). 2. Sri.K. Radhakrishnan, the learned senior Counsel appearing for the appellant strenuously submitted that such an interim order is not tenable having regard to the various aspects of fact and law involved in the writ petition. An examination of all those aspects in this appeal against an interim order, in our opinion, would effectively render the writ petition infructuous. In the circumstances, we decline to examine the merits of the case. Having regard to the nature of the dispute, WA No. 1785 of 2010 -:2:- we deem it appropriate to hear the writ petition itself at an early date. The Registry is therefore directed to post W.P.(C) No.21465 of 2010 for hearing before appropriate Bench on 20.10.2010. The Writ Appeal is disposed of accordingly. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb