IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18674 of 2008(W) ------------------------------------------ PETITIONER: -------------------- AISWARYA INDUSTRIES, EZHUMATTOOT, MALLAPPALLY, REPRESENTED BY THE MANAGING PARTNER, T.MATHEW ABRAHAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. EZHUMATTOOR GRAMA PANCHAYAT, THELLIYOOR P.O., VENNIKULAM PATHANAMTHITTA DISTRICT-689 544, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT. K.R. DEEPA - R1 BY ADV. SRI.P.HARIDAS – R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.18674/2008 ----------------------------------------------------------------- Dated this the 25th day of June, 2008 JUDGMENT Challenge in this writ petition is against Ext.P6, by which the petitioner has been directed to temporarily close down his quarry and crusher unit. Standing counsel appearing on behalf of the Panchayat submits that, it was pursuant to the complaint of 160 residents in the locality, that they issued Ext.P6. It is also pointed out that, on receipt of that complaint, the Committee of the Panchayat passed a resolution on 17.6.2008. The complaint is also made available in court for perusal. 2. The counsel for the petitioner submits that they have already filed explanation to Ext.P6. It is also pointed out that consequent on Ext.P6, the establishment has been closed down and that if the closure continues they will not be in a position to comply with their contractual obligations to supply materials to various clients. 2 3. As can be seen from Ext.P6, petitioner has been called upon to appear before the Panchayat and to offer their explanation in the matter. This the petitioner has already done. Since the establishment of the petitioner is remaining closed as a result of Ext.P6 and as about 40 employees are remaining unemployed, it is necessary to get an early quietus to the issue. Since the matter needs urgent resolution, I direct that the petitioner shall appear in person before the respondent Panchayat at 11.am on 27.6.2008. In addition to the explanation already given by the petitioner, if the petitioner wants to make any further explanation, they will be permitted to do so. Thereafter the Panchayat shall take a final decision in the matter and communicate the same to the petitioner before 2.p.m on 30.6.2008. Continued functioning of the establishment of the petitioner will be dependent upon the order to be passed as above. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3