IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WA.No. 616 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.13664/2011 Dated 17/05/2011 .................... APPELLANT(S): -------------- T.L.GEORGE,PROPRIETOR M/S.WELCOME GRANITES,VADAVUCODE P.O. ERNAKULAM DIST BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. JACOB MATHEW,MUKUCHIRA HOUSE, VADAVUCODE P.O.,ERNAKULAM DIST 2. MANJALLOOR GRAMA PANCHAYATH REP.BY ITS SECRETARY P.O.VAZHAKULAM,PIN-686670 3. THE PRESIDENT, MANJALLOOR GRAMA PANCHAYATH P.O.VAZHAKULAM,PIN-686670 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM-695001 BY SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX APPELLANT'S EXHIBITS: ANNEXURE-A1: TRUE COPY OF THE APPEAL PREFERRED BY THE 1ST RESPONDENT BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & P.R. RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 616 of 2011 ---------------------------------------------- Dated this the 20th day of June, 2011 JUDGMENT Ramachandra Menon, J. This Writ Appeal against the judgment passed by the learned Single Judge declining interference in the Writ Petition filed by the appellant/petitioner challenging Exhibit P13 ex-parte interim order of stay passed by the Tribunal for Local Self Government Institutions, whereby the operation of the granite quarry based on the 'renewal licence' issued by the Panchayat was intercepted. 2. The sequence of events shows that the appellant was granted the requisite licences for running the granite quarry which were sought to be challenged from different corners by filing Writ Petitions, wherein no interim order stands passed. However, another party, who is stated to be similarly aggrieved in this regard challenged the licence issued by the local authority before the fourth respondent-Tribunal and after considering the pleadings and materials on record, the fourth respondent passed an interim order, whereby the operation of the quarry has been ordered to be kept in abeyance, which made the writ petitioner to approach this Court challenging the same in the Writ Petition. WA.616/11 2 3. It was noted by the learned Single Judge that the impugned proceedings was only an interim order passed by the fourth respondent-Tribunal and that the challenge raised by the writ petitioner including on the question of maintainability of the appeal could be taken up by raising proper pleadings and proceedings before the Tribunal. It was in such circumstances, that interference was declined and the Writ Petition was dismissed as per judgment dated 17.5.2011, which is under challenge in this Writ Appeal. 4. During the course of hearing, the learned Counsel appearing for the petitioner submitted that, pursuant to the observations made by this Court on the last occasion, the appellant had turned up before the Tribunal on 30th May, 2011 and filed statement of objections as ordered by the learned Single Judge, despite which, the matter was simply adjourned. The learned counsel submits that the delay in finalising the proceedings has quite adversely affected the rights and liberties of the appellant. 5. After hearing the learned counsel for the appellant and the learned Government Pleader for the fourth respondent, we find that no notice need be issued to the others for the time being, in view of the nature of relief proposed to be given. The Writ Appeal is disposed of, without expressing anything on merits, but for directing the fourth respondent-Tribunal to pass final WA.616/11 3 orders in the appeal preferred by the first respondent, of course, after giving an opportunity of hearing to all concerned, as expeditiously as possible, at any rate, within one month from the date of production of a copy of this Judgment. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs