IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25434 of 2008(C) -------------------------- PETITIONERS: ---------------- 1. C.M.DEVASSIA, CHIRACKAL, PRAVITHANAM P.O, KOTTAYAM. 2. JOSE KAYYALAKKAKAM, PRVITHANAM P.O, KOTTAYAM. 3. GOPALAKRISHNAN, CHIRACKAL, PRAVITHANAM P.O, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ----------------- 1. SHIBU PAUL, KADUTHOTTIL HOUSE, KADANAD KARA, MEENACHIL. 2. BHARANANGANAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY. 3. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 25434 OF 2008 C ==================== Dated this the 22nd day of August, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P8. 2. Ext.P8 is an ex parte interim order passed by the Tribunal for Local Self Government Institutions in Appeal No.411/08 filed by the 1st respondent. According to the petitioners, by this order, Tribunal has stayed the order passed by the Panchayat refusing to grant licence to the 1st respondent to run a piggery. 3. According to the petitioners on the strength of Ext.P8, the 1st respondent is now trying to revive his activities of the piggery. It is submitted that when this issue came up before this court in WP(C) No.33373/07, this court had passed only Ext.P2 order which had the effect of maintaining status quo and that Ext.P8 goes much beyond the scope of the said order. 4. As is seen from Ext.P8, it is purely an ex parte interlocutory order passed by the Tribunal. Therefore, if the petitioner or the other respondents in the appeal are aggrieved, it is always open to them to WPC 25434/08 :2 : seek variation of the said order before the Tribunal itself. In my view, that is the right course available to the petitioners also. Therefore, leaving it open to the petitioners to move the Tribunal to seek variation of Ext.P8 and directing that, if any such application is filed, the same shall be dealt with on an expeditious basis, I dispose of this writ petition. ANTONY DOMINIC, JUDGE Rp