IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WA.No. 793 of 2009 ------------------------------- AGAINST THE ORDER IN WPC.9360/2009 Dated 24/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ A.A.KUMARAN,AGED 67 YEARS, S/O.ACHUTHAN,RESIDING AT ANATTIL HOUSE, SREEBHOOTHAPURAM,SREEMOOLANAGARAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. SREEMOOLANAGARAM GRAMA PANCHAYATH, REP.BY ITS SECRETARY,SREEMOOLANAGARAM PANCHAYATH OFFICE,SREEMOOLANAGARAM P.O., ERNAKULAM DISTRICT. 2. THE SECRETARY, SREEMOOLANAGARAM GRAMA PANCHAYATH, SREEMOOLANAGARAM PANCHAYATH OFFICE, SREEMOOLANAGARAM P.O.,ERNAKULAM DISTRICT. 3. THE GEOLOGIST,MINING AND GEOLOGY DISTRICT OFFICE,CIVIL STATION, KAKKANADU P.O.,ERNAKULAM DISTRICT. 4. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, GANDHI NAGAR,ERNAKULAM. R1 & R2 BY ADV.SRI.K.S.AJAYAGOSH R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009 ALONG WITH W.P.(C) NO.9360 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 793 of 2008 & W.P.(C) No.9360 of 2009 ------------------------------------------ Dated, this the 1st day of April, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. He is aggrieved by the interim order dated 24.3.2009 passed in W.P.(C) No.9360 of 2009. As per the said interim order, the learned Single Judge refused to grant any relief to the writ petitioner on the ground that the prayer in the writ petition and in the interim application is one and the same. 2. The issue pertains to the steps taken by the writ petitioner for obtaining licence to set up brick kiln in the first respondent Grama Panchayat. The prayer was for a direction to the Panchayat to consider his application. When the writ appeal came before us, we find that any order in the writ appeal would have the effect of disposal of the writ petition and hence, by consent of the parties, we called for the writ petition also to be disposed of along with the appeal. W.A. No.793 of 2009 - 2 - 3. We heard learned counsel appearing for the petitioner/appellant and the learned counsel appearing for the Panchayat. It is submitted that the Panchayat has no objection in considering the application on merits. 4. In that view of the matter, we dispose of the writ appeal and writ petition with a direction to the first respondent Grama Panchayat to take appropriate action on the application, if any, filed by the petitioner for licence to set up brick kiln, on merits. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns