IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25434 of 2008(C)
1. C.M.DEVASSIA AND OTHERS
... Petitioner
Vs
1. SHIBU PAUL AND OTHERS
... Respondent
For Petitioner :SRI.K.GOPALAKRISHNA KURUP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 25434 OF 2008 C
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Dated this the 22nd day of August, 2008
J U D G M E N T
The challenge in this writ petition is against Ext.P8.
2. Ext.P8 is an ex parte interim order passed by the Tribunal for
Local Self Government Institutions in Appeal No.411/08 filed by the 1st
respondent. According to the petitioners, by this order, Tribunal has stayed
the order passed by the Panchayat refusing to grant licence to the 1st
respondent to run a piggery.
3. According to the petitioners on the strength of Ext.P8, the 1st
respondent is now trying to revive his activities of the piggery. It is
submitted that when this issue came up before this court in WP(C)
No.33373/07, this court had passed only Ext.P2 order which had the effect
of maintaining status quo and that Ext.P8 goes much beyond the scope of
the said order.
4. As is seen from Ext.P8, it is purely an ex parte interlocutory
order passed by the Tribunal. Therefore, if the petitioner or the other
respondents in the appeal are aggrieved, it is always open to them to
WPC 25434/08
:2 :
seek variation of the said order before the Tribunal itself. In my view, that
is the right course available to the petitioners also.
Therefore, leaving it open to the petitioners to move the Tribunal to
seek variation of Ext.P8 and directing that, if any such application is filed,
the same shall be dealt with on an expeditious basis, I dispose of this writ
petition.
ANTONY DOMINIC, JUDGE
Rp