IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 38308 of 2008(I) -------------------------- PETITIONER(S): --------------- M.H.AHAMMED KUNJU,AGED 59 S/O. HYDROSE, MOOKKADA HOUSE, M/S. GOLDEN STAR VENEERS, MUDICKAL P.O,ERNAKULAM BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY LOCALSELF GOVERNMENT, SECRETARIAT,TRIVANDRUM. 2. THE SECRETARY VAZHAKALAM GRAMA PANCHAYAT,VAZHAKALAM. ADV. DR.K.P.SATHEESAN FOR R2 G.P. SHRI.K.J.MOHAMEMD ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.38308 of 2008 ================== Dated this the 8th day of January, 2009 J U D G M E N T The petitioner has filed this writ petition seeking the following reliefs: “(i) To issue a writ, order or direction, in the nature of mandamus or other appropriate writ directing 2nd respondent herein to consider Ext.P11, within a time limit. (ii) To issue a writ, order or direction, in the nature of mandamus or other appropriate writ directing 2nd respondent herein to consider Ext.P13 objection and to set aside Ext.P12, in the interest of justice. (iii) To call for the records leading to the issuance of Ext.P12 order and set aside the same by issuing the writ of certiorari.” 2. As far as the challenge against Ext.P12, I am of opinion that the challenge is unsustainable in so far as Ext.P12 only says that the petitioner cannot instal machinery in his establishment without prior permission from the Panchayat. The same is only a statement of law. 3. A counter affidavit has been filed on behalf of the 2nd respondent, in which it is stated that Ext.P11 filed by the petitioner has been duly considered and rejected. That being so, the petitioner's remedy lies in challenging the order passed on Ext.P11 in an appeal as provided under the Kerala Panchayat Raj Act. Therefore, without prejudice to such right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2