IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WA.No.745 of 2008 --------------------------------- AGAINST THE ORDER IN WPC.34989/2007 Dated 24/03/2008 .................... APPELLANT: PETITIONER:- ------------------------------------- C.J.ANTONY, CHAKKIYATH HOUSE, NEAR LAKSHAM VEEDU COLONY, KARUKUTTY PO. ERNAKULAM DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: RESPONDENTS:- ----------------------------------------------- 1. KARUKUTTY GRAMA PANCHAYATH (SPECIAL GRADE), REPRESENTED BY ITS SECRETARY, P.O.KARUKUTTY. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. 4. THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM. W.A.NO.745/2008 -2- 5. THOMAS, S/O.LATE DEVASSY, MULAVARIKKAL, NEAR LAKSHAM VEEDU COLONY, KARUKUTTY P.O. ERNAKULAM DISTRICT. R1 BY STANDING COUNSEL G.SANTHOSH KUMAR. R2 & R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R4 BY STANDING COUNSEL SMT.K.K.THULASI BHAI. R5 BY ADV.SMT.MAREENA JOSEPH. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.745 of 2008 ------------------------------------------------------- Dated, this the 28th day of March, 2008 JUDGMENT H.L.Dattu, C.J. This appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.34989/2007 dated 24th March, 2008. (2). By the said interim order, the learned Single Judge has directed the respondent Grama Panchayat to consider the application filed by the 5th respondent for grant of licence to run piggery after hearing the petitioner also. (3). Aggrieved by the said order, the petitioner is before us in this appeal. (4). We heard the learned counsel appearing for the parties to the lis, in detail. (5). The petitioner had approached this Court complaining the inaction on the part of the respondent Grama Panchayat in not taking any decision against the 5th respondent who is running a piggery without obtaining any licence and also causing public nuisance to the petitioner and others. It is stated that, the learned Single Judge without considering that aspect of the matter has now proceeded to direct the Secretary of the Grama Panchayat to take a decision on the application for licence filed by the 5th respondent. The learned counsel appearing for the appellant would submit that such a direction should not have been given by the learned Single Judge. W.A.No.745/2008 -2- (6). This appeal is filed against the interim order passed by the learned Single Judge. In the interim order the learned Single Judge has only directed the Secretary of the Grama Panchayat to consider the application filed by the 5th respondent, after hearing the petitioner also. In normal course, this Court would not have interfered with the interim orders passed unless it is shown that such orders are arbitrary, capricious or contrary to the statutory provisions. We do not see any one of those ingredients in the interim order so passed by the learned Single Judge. We make it clear that the interim order passed by the learned Single Judge should not be treated as a direction by the learned Single Judge to give licence to the 5th respondent. It is only a direction to consider the application for grant of licence and the same requires to be done in accordance with law and under the provisions of the Panchayat Raj Act. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS