IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 37744 of 2010(P) -------------------------- PETITIONER(S): --------------- T.T.ULAHANNAN, AGED 50 YEARS, S/O.THOMAS, THYPARAMBIL HOUSE, VENGOOR P.O., ERNAKULAM DISTRICT BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. PINDIMANA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, BHOOTHATHANKETTU P.O ERNAKULAM DISTRICT, PIN-686681. 2. THE SECRETARY, PINDIMANA GRAMA PANCHAYAT BHOOTHATHANKETTU P.O.,ERNAKULAM DISTRICT, PIN-686681. ADV. SRI.P.FAZIL FOR R1 & 2 SRI.A.C.THOMAS ADHIKARAM FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37744 OF 2010 APPENDIX PETITIONERS EXHIBITS P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR OBTAINING THE PANCHAYAT LICENSE FOR RUNNING HIS QUARRY DATED 22.11.2010. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE SM C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37744 of 2010 ---------------------------- Dated 17th March, 2011 JUDGMENT This writ petition has been filed by the petitioner who is an applicant for a licence under section 232 of the Kerala Panchayat Raj Act for mining building stones from his property. Ext.P1 application has been submitted for that purpose as early as on 22.11.2010. His grievance is that though he has produced all the requisite documents, licence and permit, so far no orders were passed thereon. Admittedly, the second respondent is competent to consider Ext.P1 and pass orders thereon. It be the position, the second respondent cannot disuse his power and in fact, he is duty bound to consider Ext.P1 and pass final orders thereon, of course, in accordance with law. Taking into account the fact that Ext.P1 is still pending consideration, I do not think it proper to consider the contentions raised in this writ petition on merits at this stage. Therefore, this writ petition is disposed of, without making any observation as to the merits of the contentions raised in this writ petition, directing the second respondent to consider Ext.P1 and pass orders thereon, in accordance with law, expeditiously, at any rate, within a period of four weeks from today. Sd/- C.T.RAVIKUMAR Judge TKS