IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 6655 of 2008(P) ------------------------- PETITIONER: ------------ GIRIJAN, S/O.KARUPPAN, AGED 42 YEARS, VADAYERIYATTIL HOUSE, MUNDOOR, THRISSUR DT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. AVANOOR GRAMA PANCHAYATH, AVENOOR, THRISSUR, REPRESENTED BY SECRETARY. R2 BY ADV. SRI.K.N.PADMAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6655 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 18th March, 2008 JUDGMENT The Tribunal cannot be faulted for having refused to entertain Ext.P3 appeal preferred by the petitioner against Ext.P1. Learned counsel for the petitioner seeks leave to make a fresh application to the Panchayat for licence. Counsel for the Panchayat submits that the Panchayat will be prepared to consider any fresh application submitted by the petitioner for licence on its merits without being unduly influenced by Ext.P1. Under these circumstances, even as I decline the reliefs sought for in this Writ Petition, I permit the petitioner to file a fresh application before the Panchayat for licence. If any such fresh application is received from the petitioner for licence, the Panchayat will consider that application without being influenced by the circumstance that earlier application of the petitioner was rejected as per Ext.P1. Decision on the fresh application should be taken by the Panchayat after hearing the petitioner as well as at least one representative of the persons who have submitted complaints before the Panchayat against the operation of the quarry. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -