IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 31154 of 2008(H) ----------------------------------- PETITIONER(S): ----------------------- JOLLY THOMAS, S/O.P.A.THOMAS, PERUMAYAN HOUSE, KANJOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): ------------------------- 1. MANJAPRA GRAMA PANCHAYATH, MANJAPRA P.O, 683581, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. SECRETARY MANJAPRA GRAMA PANCHAYATH, MANJAPRA P.O, 683581, ERNAKULAM DISTRICT. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 4. SAJI.M.A., S/O.ESTHAPPAN, MADAN HOUSE, MERIGARI P.O., ERNAKULAM DISTRICT. 5. SRI.SAJI.M.A., AGED 35 YEARS, S/O.ESTHAPPAN, MADAN HOUSE, MERIGARI P.O., ERNAKULAM DISTRICT. 6. BIJU, AGED 33 YEARS, S/O.AYYAPPAN, NELLADAN HOUSE, MERIGIRI P.O. 7. BABU, AGED 38 YEARS, S/O.DEVASSYKUTTY, THIRUTHANATHIL HOUSE, MERIGIRI P.O. 8. SALI, AGED 34 YEARS, S/O.KUTTAPPAN, KALLIPARAMBIL HOUSE, MERIGIRI P.O. 9. SHAJI, AGED 34 YEARS, S/O.OUSEPH, THIRUTHANATHIL HOUSE, MERIGIRI P.O. 10. THANKACHAN, AGED 38 YEARS, S/O.KUNJAVARA, THOTTAKKARA HOUSE, MERIGIRI P.O. 11. POLACHAN, AGED 37 YEARS, S/O.KURIAPPAN, KANJUKKARAN HOUSE, MERIGIRI P.O. 12. SINOJ, AGED 28 YEARS, S/O.RAMACHANDRAN, ORRAKKATTU HOUSE, MERIGIRI P.O. BY GOVERNMENT PLEADER SRI. M.R.SABU ADV. SRI.DINESH MATHEW J.MURICKEN FOR R4TO 12 SRI.G.P.SHINOD FOR R1 SRI.RAM MOHAN.G. FOR R1 SRI.MANU V. FOR R1 SRI.MARTIN CHACKO FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31154 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE LICENCE DATED 26.4.2007 FOR THE YEAR 2007-08. EXT.P2 - TRUE COPY OF THE CURRENT LICENCE FOR STOCKING 1000MT OF BRICK CLAY ISSUED BY THE GEOLOGIST DATED 13.6.2008, WHICH IS VALID UP TO 31.3.2009. EXT.P3 - TRUE COPY OF THE JUDGMENT DATED 4.3.2008 IN W.P.(C) NO. 7438/2008 OF THIS HON'BLE COURT. EXT.P4 - TRUE COPY OF THE STOP MEMO DATED 1.4.2008 ISSUED BY THE PANCHAYATH. EXT.P5 - TRUE COPY OF THE NOTICE DATED 17.5.2008 ISSUED BY THE PANCHAYATH. EXT.P6 - TRUE COPY OF THE RECEIPT DATED 6.3.2008 PAID BY THE PETITIONER. EXT.P7 - TRUE COPY OF THE CONSENT DATED 23.6.2008 FROM THE POLLUTION CONTROL BOARD. EXT.P8 - TRUE COPY OF THE REPRESENTATION DATED 17.6.2008 SUBMITTED BY THE PETITIONER. EXT.P9 - TRUE COPY OF THE JUDGMENT DATED 18.7.2008 IN W.P.(C) NO. 20262/2008 OF THIS HON'BLE COURT. EXT.P10 - TRUE COPY OF THE REPRESENTATION DATED 22.8.2008 SUBMITTED BY THE PETITIONER. EXT.P11 - TRUE COPY OF THE COMMUNICATION DATED 13.10.2008 ALONG WITH THE RESOLUTION ISSUED BY THE PANCHAYATH. RESPONDENTS' EXHIBITS: EXT.R4(a) - TRUE COPY OF THE LIST OF FARMERS GIVEN PADDY PRODUCTION BONUS FOR THE YEAR 2005-06. EXT.R4(b) - TRUE COPY OF THE LIST OF FARMERS WHO WERE PAID COMPENSATION FOR THE LOSS OF PADDY CULTIVATION FOR THE YEAR 2007-08. EXT.R4(c) - TRUE COPY OF THE DIRECTION ISSUED BY THE DISTRICT COLLECTOR, DATED 24.01.2005. EXT.R4(d) - TRUE PHOTOGRAPHS OF THE PETITIONER'S PADDY FIELD. EXT.R4(e) - TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE OFFICE OF THE CHIEF MINISTER, DATED 26.09.2008 ANNEXED TO THE REPORT OF THE DISTRICT COLLECTOR. EXT.R4(f) - TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 7TH RESPONDENT, DATED 25.08.2008. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.31154 of 2008 ================== Dated this the 10th day of November, 2008. J U D G M E N T The petitioner challenges Ext.P11 order of the Panchayat, by which the application for renewal of licence submitted by the petitioner has been rejected. Since the petitioner has an effective alternate remedy by way of appeal against Ext.P11 order as provided in the Kerala Panchayat Raj Act against the impugned order, I am not inclined to entertain this writ petition at this stage. Accordingly, without prejudice to the right of the petitioner to challenge Ext.P11 in a properly constituted appeal as provided in the Kerala Panchayat Raj Act, this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs