P.Rajamma vs State Of Kerala on 26 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1656 of 2003(A)


1. P.RAJAMMA W/O. LATE VASU NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DISTRICT COLLECTOR AND CHAIRMAN,

3. THE DISTRICT MEDICAL OFFICER, KOLLAM

4. THE INSPECTOR OF FACTORIES AND BOILERS

5. MYLAM GRAMA PANCHAYATH, REPRESENTED

6. SATHEESH BABU, S/O. DAMODARAN PILLAI,

                For Petitioner  :SRI.PAULY MATHEW MURICKEN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :26/05/2008

 O R D E R
            H.L.DATTU, C.J. & T.R.RAMACHANDRAN NAIR , J.
              ------------------------------------------------------------------
                                W.A.No.1656 of 2003
                   -------------------------------------------------------
                     Dated, this the 26th day of May , 2008

                                      JUDGMENT

H.L.Dattu, C.J.

The appellant calls in question the legality or otherwise of the

orders passed by the learned Single Judge in R.P.No.117/1998 in

C.M.P.No.17925/1997 in O.P.No.14953/1996 dated 5th February, 2003.

2. In view of long lapse of time from the date of filing of this

appeal to this date, in our opinion, at this stage, it may not be necessary to

go into the merits or demerits of the contentions asserted in the writ appeal.

In our opinion, it would satisfy the needs of both the appellant as well as the

respondents, if we direct the 5th respondent Grama Panchayat to consider the

objections that may be filed by the appellant in the event of the 6th respondent

makes an application for renewal of furnace and additional furnace licence

which is being run by him in the Grama Panchayat area. We make it very

clear that without hearing the appellant, the Grama Panchayat shall not

renew the licence. We reserve liberty to the appellant to raise all such

contentions which are available to her including the contentions raised in this

writ appeal before the 5th respondent Grama Panchayat. If such objections

are raised, the same shall be considered and appropriate orders shall be

passed by the Grama Panchayat in accordance with law. With the above

observations the writ appeal is disposed of.

W.A.No.1656/2003 -2-

3. Consequently I.A.No.2118/2003 is closed.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

( T.R.RAMACHANDRAN NAIR)
JUDGE

MS