IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6655 of 2008(P)
1. GIRIJAN, S/O.KARUPPAN,
... Petitioner
Vs
1. THE TRIBUNAL FOR LOCAL SELF
... Respondent
2. AVANOOR GRAMA PANCHAYATH,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent :SRI.K.N.PADMAKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :18/03/2008
O R D E R
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 -