IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21398 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ K.N. RAJEEV, AGED 44 YEARS, S/O. NARAYANAN, MUKALEL HOUSE, EDAMATTAM KARA, POOVARANI VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.BENHUR JOSEPH MANAYANI, SRI.JEEVAN MATHEW MANAYANI. RESPONDENT(S): -------------------------- 1. SEBASTIAN SKARIA, AGED 49, S/O. SKARIA, VECHOOR KUZHIKKAT HOUSE, ELIKULAM VILLAGE, KANJIRAPALLY TALUK, MALLIKASSERY.P.O, KOTTAYAM DISTRICT - 686 577. 2. ELIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOORALI.P.O, PONKUNNAM, KOTTAYAM DISTRICT - 686 522. 3. THE PRESIDENT, ELIKULAM GRAMA PANCHAYATH, KOORALI.P.O, PONKUNNAM, KOTTAYAM DISTRICT - 686 522. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695 001. 5. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM, REPRESENTED BY ITS SECRETARY - 695 001. R4 & R5 BY GOVERNMENT PLEADER SRI. MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21398/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE GRANTED BY THE SECOND RESPONDENT PANCHAYAT. P2: COPY OF THE NO - OBJECTION CERTIFICATE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. P3: COPY OF THE QUARRYING PERMIT ISSUED BY THE GEOLOGIST KOTTAYAM DTD. 11/04/2011. P4: COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY DTD. 13/06/2011. P5: CONSENT AND THE PERMIT FROM THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE QUARRY. P6: COPY OF THE SHORT FIRER PERMIT ISSUED BY THE DEPUTY DIRECTOR, EXPLOSIVES ERNAKULAM DTD. 3/10/2007. P7: COPY OF THE REPORT OF TAHSILDAR KANJIRAPILLY TO THE DISTRICT COLLECTOR KOTTAYAM DTD. 1/1/2011. P8: COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN O.S.198 OF 2011 BEFORE THE MUNSIFF'S COURT, KANJIRAPALLY DTD. 6/07/2011. P9: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT WITH THE EXHIBITS THEREIN IN APPEAL 553 OF 2011. P10: COPY OF THE ORDER OF THE 5TH RESPONDENT IN I.A.900 OF 2011 IN APPEAL NO.553 OF 2011. P11: COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD. 2/08/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 21398 OF 2011 ------------------------------- DATED THIS THE 5TH DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P10 order passed by the Tribunal for Local Self Government Institutions. The lst respondent herein filed Appeal No.558/2011 challenging the decision of the Grama Panchayat granting permit to the petitioner for conducting quarrying operations. The lst respondent also moved an interim application for stay of operation of the order passed by the Grama Panchayat. The Tribunal passed an ex parte order staying the decision of the Panchayat till the disposal of the appeal. Petitioner is aggrieved by the interim order of stay passed by the Tribunal. 2. The learned counsel for the petitioner submits that the interim order was passed without hearing the petitioner. By the impugned order the petitioner is not in a position to run the quarrying operations, though he obtained Ext.P1 permit. -2- W.P.(C).No.21398/2011 According to him, Ext.P10 interim order passed by the Tribunal is wrong and illegal. Since the appeal is pending consideration before the Tribunal, it is for the petitioner to move the Tribunal for vacating the interim order. The learned counsel also submits that the Tribunal has no jurisdiction to entertain the appeal, since the appellate forum for challenging the impugned order is the Panchayat Committee. The learned counsel refers to Section 276 of the Kerala Panchayat Raj Act. 3. In these circumstances, this Court direct the 4th respondent-Tribunal to hear and dispose of I.A.No.900/2011, after affording an opportunity of being heard to the petitioner, within a period of ten days from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.