IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 552 of 2007()
1. T.K.PRABHAKARAN NAIR,
... Petitioner
Vs
1. M/S.PORIYATH LATEX, MALLIKASSERY P.O.,
... Respondent
2. THE DISTRICT COLLECTOR (CHAIRMAN OF
3. THE ENVIRONMENTAL ENGINEER,
4. THE DISTRICT MEDICAL OFFICER OF
5. THE MEENACHIL GRAMA PANCHAYAT,
6. THE SECRETARY, MEENACHIL GRAMA
For Petitioner :SRI.K.RAMAKUMAR
For Respondent : No Appearance
Dated :07/03/2007
O R D E R
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K.S. RADHAKRISHNAN, Ag. C.J. & M.N.KRISHNAN, J.
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Writ Appeal No 552 of 2007
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Dated: 7th March 2007.
JUDGMENT
Radhakrishnan, Ag. C.J.
Writ petition was preferred by the first respondent herein
seeking a writ of mandamus directing the District Collector to renew
Ext.P2 license for the year 2006-2007 to operate 50 HP electric
motor or to issue fresh license. Writ petitioner also sought a writ of
mandamus directing the District Collector to issue a deemed
Panchayat license to run the industry. Direction was also sought
against the Panchayat. Petitioner also sought a writ of certiorari to
quash Ext. P16 passed by the District Collector and for a declaration
that Ext. P10 order passed by the Single Window Clearance Board is
final. Learned single judge after hearing the parties passed an
interim order on 20th February 2007 giving various directions.
Grama Panchayat was directed to to assign provisional numbers to
the buildings put up by the petitioner where the petitioner proposes
to start a latex centrifuging-cum-latex creaming unit. Direction was
also given to the Assistant Engineer, Electrical Section, Paika to
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grant industrial service connection to the buildings in question once
they are assigned provisional numbers by the District Collector as
directed. Learned single judge also directed the District Collector
to comply with the direction within five days of receiving a copy order
and the Assistant Engineer to grant the connection within five days of
receiving application from the petitioner.
2. We feel in the facts and circumstances of the case, the
above directions are unwarranted especially in the nature of the
reliefs sought for in the writ petition. We feel it would be
appropriate that the writ petition itself be disposed of taking note of
the various prayers made in the writ petition. In such circumstances,
we are inclined to grant stay of the interim order passed by the
learned single judge and direct the Registry to post the writ petition
for final hearing during the third week of March,2007. We make it
clear we are not expressing any opinion on the merits of the case.
Sd/-
K.S. RADHAKRISHNAN
Ag. Chief Justice
Sd/-
M.N. KRISHNAN
07/03/2007 Judge
en/ [true copy]
WA 552/07 3