IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 W.A.No.1656 of 2003(A) ------------------------------------------------ AGAINST THE ORDER IN R.P.NO.117/1998 IN C.M.P.NO.17925 OF 1997 IN O.P.NO.14953/1996-E DATED 05/02/2003 .................... APPELLANT: REVIEW PETITIONER/PETITIONER:- ------------------------------------------------------------------------ P.RAJAMMA, W/O. LATE VASU NAIR, PERUMPILLIKALA PADINJATTATHIL, INCHAKKAD, MYLAM P.O., KOTTARAKKARA. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: RESPONDENTS/RESPONDENTS:- ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR AND CHAIRMAN, GREEN CHANNEL CLEARANCE COMMITTEE, KOLLAM. 3. THE DISTRICT MEDICAL OFFICER, KOLLAM 4. THE INSPECTOR OF FACTORIES AND BOILERS GRADE-II, KUNDARA, KOLLAM DISTRICT. 5. MYLAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MYLAM P.O., KOTTARAKKARA VIA, KOLLAM DISTRICT. W.A.No.1656/2003 -2- 6. SATHEESH BABU, S/O. DAMODARAN PILLAI, BHASKARA VILASAM, INCHAKKAD, MYLAM P.O., KOLLAM DISTRICT. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R5 BY ADV. SRI.M.RAMESH CHANDER R6 BY ADV.SRI.M.BALAGOVINDAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & T.R.RAMACHANDRAN NAIR , J. ------------------------------------------------------------------ W.A.No.1656 of 2003 ------------------------------------------------------- Dated, this the 26th day of May , 2008 JUDGMENT H.L.Dattu, C.J. The appellant calls in question the legality or otherwise of the orders passed by the learned Single Judge in R.P.No.117/1998 in C.M.P.No.17925/1997 in O.P.No.14953/1996 dated 5th February, 2003. 2. In view of long lapse of time from the date of filing of this appeal to this date, in our opinion, at this stage, it may not be necessary to go into the merits or demerits of the contentions asserted in the writ appeal. In our opinion, it would satisfy the needs of both the appellant as well as the respondents, if we direct the 5th respondent Grama Panchayat to consider the objections that may be filed by the appellant in the event of the 6th respondent makes an application for renewal of furnace and additional furnace licence which is being run by him in the Grama Panchayat area. We make it very clear that without hearing the appellant, the Grama Panchayat shall not renew the licence. We reserve liberty to the appellant to raise all such contentions which are available to her including the contentions raised in this writ appeal before the 5th respondent Grama Panchayat. If such objections are raised, the same shall be considered and appropriate orders shall be passed by the Grama Panchayat in accordance with law. With the above observations the writ appeal is disposed of. W.A.No.1656/2003 -2- 3. Consequently I.A.No.2118/2003 is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE ( T.R.RAMACHANDRAN NAIR) JUDGE MS