IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1785 of 2010()
1. M.D.BABY,AGED 46 YEARS,S/O.DAVID,
... Petitioner
Vs
1. K.SASIDHARAN,KARAYIL HOUSE,DESAMANGALAM
... Respondent
2. THE DISTRICT COLLECTOR,THRISSUR,
3. THE ENVIRONMENTAL ENGINEER,KERALA
4. THE GEOLOGIST,DISTRICT OFFICE,
5. THE DESAMANGALAM GRAMA PANCHAYATH,
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :14/10/2010
O R D E R
J.Chelameswar, C.J. & P.R. Ramachandra Menon, J.
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W.A.No. 1785 of 2010
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Dated this the 14th day of October, 2010
JUDGMENT
J.Chelameswar, C.J.
This appeal is preferred against an interim order
dated 06.10.2010 in W.P.(C) No.21465 of 2010 by which a
learned Judge of this Court passed certain interim directions
restraining the appellant herein from conducting quarrying
operations in a particular quarry (the details of which may not
be necessary for the present purpose).
2. Sri.K. Radhakrishnan, the learned senior Counsel
appearing for the appellant strenuously submitted that such an
interim order is not tenable having regard to the various
aspects of fact and law involved in the writ petition. An
examination of all those aspects in this appeal against an
interim order, in our opinion, would effectively render the writ
petition infructuous.
In the circumstances, we decline to examine the
merits of the case. Having regard to the nature of the dispute,
WA No. 1785 of 2010
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we deem it appropriate to hear the writ petition itself at an early
date. The Registry is therefore directed to post W.P.(C)
No.21465 of 2010 for hearing before appropriate Bench on
20.10.2010.
The Writ Appeal is disposed of accordingly.
J.Chelameswar,
Chief Justice.
P.R. Ramachandra Menon,
Judge.
ttb