IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 W.A.No.2308 of 2008 ------------------------------------- AGAINST THE ORDER IN W.P.(C).28606/2008-E, DATED 25/09/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- P.R.AJAYAKUMAR, S/O.T.K.RAGHAVAN 45 YEARS, OLIKKAL HOUSE VALIYAKULAM, CHERUKULANJI PO., RANNI. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS/RESPONDENTS:- --------------------------------------------------- 1. VADASSERIKKARA GRAMA PANCHAYAT, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. 2. E.R.PRASAD, S/O.RAJANKUTTY, 42 YEARS, ETTICKAL KIZHAKKETHIL VALIYAKULAM, CHERIKULANJI PO., RANNI. 3. THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.2308 of 2008 -------------------------------------------- Dated, this the 12th December, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the interim order passed by the learned Single Judge in W.P.(C).No.28606 of 2008, dated 25.9.2008. By the impugned order, the learned Single Judge has refused the request of the petitioner to run the piggery without there being a licence. (2) Petitioner had filed an application before the Vadasserikkara Grama Panchayat, for grant of a licence to run a piggery in a place within the Grama Panchayat. The request so made by the petitioner is rejected by the Grama Panchayat, by its order dated 21.12.2007. Aggrieved by the said order, petitioner had filed an appeal before the Tribunal for Local Self Government Institutions, in appeal No.135 of 2008. The Appellate Tribunal, by its order dated 30.8.2008, has rejected the appeal and, thereby, has confirmed the orders passed by the Grama Panchayat refusing to grant licence to run the piggery. Aggrieved by these orders, the petitioner is before this Court in W.P.(C).No.28606 of 2008. (3) By way of an interim relief, the petitioner had requested this Court to grant him permission to run the piggery, till the disposal of the writ petition. W.A.No.2308 of 2008 - 2 - (4) The learned Single Judge, in our opinion, has, rightly, rejected the interim prayer sought for by the petitioner. A person, having no licence issued by a competent authority, is not expected to run the piggery in a place within the Grama Panchayat. By granting the interim prayer, it will be literally permitting a person, who has no licence issued by a competent authority, to run a piggery in a place within the Grama Panchayat. That can never be granted by a writ Court. (5) In the above view of the matter, while sustaining the interim order passed by the learned Single Judge, refusing to grant the interim relief sought for by the petitioner, we reject the Writ Appeal. (6) In view of the orders passed in the Writ Appeal, no orders need be passed in I.A.No.999 of 2008 and the same is, accordingly, closed. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge