IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1402 of 2008()
1. SECRETARY, KUNNAMANGALAM GRAMA PANCHAYAT
... Petitioner
Vs
1. WAVE AQUA PRODUCTS, KP 1/296C,
... Respondent
2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/07/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
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W.A.No.1402 of 2008
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Dated this the 7th day of July, 2008.
JUDGMENT
Koshy,J.
The Tribunal for Local Self Government Institutions passed
Ext.P8 order directing the Panchayat to consider the application
filed by the first respondent in accordance with law. The Tribunal
also noticed that the Panchayat has not considered the
application for the grant of permit. The operative portion of the
order reads thus:
“The Panchayat is directed to dispose of the
application of the Appellant afresh by proper
considered decision as required under Rule 12 of the
Kerala Panchayat Raj (Issue of Licence to Dangerous
and Offensive Trades and Factories) Rules 1996
within one month from today.”
The learned Judge dismissed the Writ Petition filed by the
Panchayat. The contention of the Panchayat is that the order
was passed ex parte and the objections filed subsequently was
WA 1402/08 -: 2 :-
not considered. The objection was filed after the required time.
In any event, the order of the Tribunal shows that all objections
were considered. Accordingly in Ext.P8, the petitioner was
directed to consider the application on merits. We are unable to
understand why the petitioner has filed this Writ Appeal. It is for
the Panchayat to consider and pass orders in accordance with
law.
The Writ Appeal is dismissed.
J.B.Koshy,
Judge.
P.N.Ravindran,
Judge.
ess 19/7