High Court Kerala High Court

T.K.Prabhakaran Nair vs M/S.Poriyath Latex on 7 March, 2007

Kerala High Court
T.K.Prabhakaran Nair vs M/S.Poriyath Latex on 7 March, 2007
       

  

  

 
 
  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.

    ----------------------------------------------------------------------------------

                          Writ Appeal  No 552 of 2007

    ----------------------------------------------------------------------------------

                          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

WA 552/07 2

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