IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 36808 of 2010(A) -------------------------- PETITIONER: --------------- MARY JOSE, AGED 58, W/O. JOSE, KALLAN HOUSE, NALLAI.P.O, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE AIR APPELLATE AUTHORITY, AIR (PREVENTION AND CONTROL ACT), THIRUVANANTHAPURAM-14. 3. THE OMBUDSMAN, LOCAL SELF GOVT. INSTITUTIONS, THROUGH ITS SECRETARY, THIRUVANANTHAPURAM-35. 4. THE PARPPOOKKARA GRAMA PANCHAYATH, NANTHIKKARA, THRISSUR DISTRICT - 680 001. 5. A.K. GEORGE, S/O. ALUKKARAN KUNJU VAREED, ALUKKARAN HOUSE, NELLAI.P.O, PARPOOKARA, THRISSUR DISTRICT - 680 305. R1 AND R3 BY GOVERNMENT PLEADER ADV. MR. T..K. ARAVINDAKUMAR BABU R4 BY ADV. SRI.V.M.KRISHNAKUMAR AND SMT.P.A.ANITHA R5 BY ADV. SRI.THOMAS ANTONY BY SRI.TITUS MANI BY ADV. SRI.A.S.RADHAKRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36808 of 2010(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE COMMUNICATION DA TED 12/08/2010 FROM THE DISTRICT OFFICE, PCB,. EXT.P2 : A TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.6 OF 2010 DATED 20.08.2010. EXT.P3 : A TRUE COPY OF THE ORDER PASSED IN I.A.NO. 18/2010 IN EXT.P2 DATED 26/08/2010. EXT.P4 : A TRUE COPY OF THE CHALAN RECEIPT ISSUED IN THE NAME OF THE PETITIONER DATED 20.08.2010. EXT.P5 : A TRUE COPY OF THE ORDER PASSED ON 16.08.2010 BY THE 3RD RESPONDENT EXT.P6 : A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ON 01.07.2010. EXT.P7 : A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ON 09.11.2010. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 36808 OF 2010 ......................................................................... Dated this the 30th May , 2011 J U D G M E N T The petitioner, who is stated as a manufacturer of ayurvedic medicines, has approached this Court seeking for issuance of a direction to the second respondent to consider Ext. P2 appeal and finalise the same. The petitioner has also sought for a direction to the concerned to keep in abeyance all further proceedings pursuant to Exts. P6 and P7 till finalisation of the appeal. 2. When the matter came up for consideration on 09.12.2010, notice was ordered also granting an interim order as prayed for, staying all further proceedings based on Ext. P7, which was subsequently extended until further orders on 10.01.2011. The fifth respondent has filed I.A.No. 7627 of 2011 seeking to vacate the interim order and hence the matter is taken up for consideration today. W.P.(C)No. 36808 OF 2010 2 3. After hearing both the sides, this Court finds that the matter could be disposed of, directing the second respondent to consider and finalise Ext. P2 appeal which is a statutory appeal preferred under Section 31 of the AIR (Prevention and Control) Act, 1981 and is stated as pending consideration . Accordingly, the second respondent is directed to pass orders on Ext. P2 appeal in accordance with law, after hearing all the parties concerned and the proceedings shall be finalised, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of the judgment. 'Status quo' as on today shall be maintained till such time. P.R. RAMACHANDRA MENON, JUDGE. lk