IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 848 of 2007(A)
1. RAJENDRAN, S/O. SREEDHARAN,
... Petitioner
Vs
1. MUNDACKAL GRAMA PANCHAYATH,
... Respondent
2. KERALA STATE POLLUTION CONTROL BOARD,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SRI.AYYAPPAN SANKAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :08/02/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.848 of 2007
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Dated: 8th February, 2007
JUDGMENT
Mr.Thomas Abraham, counsel for the petitioner submits that on
17.1.2007 the petitioner was actually served with an order by the
Panchayat cancelling the licence. Counsel for the Panchayat takes
exception to the above submission. According to the counsel, the
order was passed on 3.1.2007 and was served on the petitioner on
the same day itself.
2. Obviously, the order cancelling the licence is subject to
appeal.
3. Mr.Blaze K.Jose who appears for the 4th respondent in
W.P.C.No.36418/05 submits that this court may not direct
continuance of the interim order which is passed on 8.1.2007.
According to Mr.Blaze, that interim order is misinterpreted and the
writ petitioner is violating Exts.P1 and P5 in W.P.C.No.36418/05.
4. Since it is conceded that the order cancelling the licence is
appealable, I dispose of the Writ Petition relegating the petitioner to
his remedy by way of appeal. The interim order dated 8.1.2007 will
continue for a period of one more month. However, it is clarified that
the interim order will not enable the petitioner to embark upon any
activity other than what was permitted under the licence which was
W.P.C.No.848/07 – 2 –
presently cancelled. I make it clear that I have not expressed any
opinion on the merits of the matter and that all questions are left
open to be decided by the appellate authority.
srd PIUS C.KURIAKOSE, JUDGE