IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 22659 of 2008(V) -------------------------- PETITIONER: --------------- MARIA GEORGE JOSEPH, S/O. A.K. JOSEPH, AGED 48 YEARS, AGRICULTURIST, RESIDING AT ELAVUMGAL HOUSE, AYANNOOR, P.O.KAMBALLOOR, PIN-670511. KASARAGOD DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------------- 1. THE EAST ELERI GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, EST ELERI GRAMA PANCHAYAT, CHITTARIKKAL, PIN - 670 651, KANNUR DISTRICT. 2. THE SECRETARY, EAST ELERI GRAMA PANCHAYAT, CHITTARIKKAL, PIN-670 651 KANNUR DISTRICT. 3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BORAD, KASARAGOD DISTRICT OFFICE, KANHANGAD 671 315., KASARAGOD DISTRICT. BY ADV. SRI.P.U.SHAILAJAN,SC,POLLUTION CONTROL FOR R3 SRI. M.K. CHANDRA MOHANDAS – SC FOR PCB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.22659 OF 2008 ---------------------------------------- Dated this the 28th day of July, 2008 JUDGMENT The petitioner is running a poultry farm in his property. He submitted an application for renewal of licence for the year 2008- 2009. It was renewed. Subsequently, allegedly on the ground of objections raised by some people of the locality, the same was cancelled as per Ext.P10 order. The petitioner submits that since Ext.P10 order has been issued by the Secretary as per resolutions of the Panchayat, he cannot file an appeal against that before the Panchayat. I am of opinion that a party should not be without any remedy in such cases. Therefore, Ext.P10 order can be considered as an order passed by the Panchayat itself and the petitioner can be permitted to file an appeal under Section 276 of the Kerala Panchayat Raj Act, before the Tribunal for Local Self Government Institutions. Accordingly, if the petitioner files an appeal before the Tribunal within a period of ten days from the date of receipt of a copy of this judgment, the Tribunal shall W.P.(c)No.22659/08 2 consider the same as a properly constituted appeal and dispose of the same in accordance with law. The petitioner can also move the Tribunal for stay of further proceedings pursuant to Ext.P10 which shall also be considered and orders passed thereon. For this purpose, I direct that further proceedings pursuant to Ext.P10 shall be kept in abeyance for a period of two weeks. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22659/08 3