Pending appeals dictate jurisdictional authority, preventing lower bodies from acting beyond their mandate during such periods.

JUDGMENT

The above Writ Petition is filed with the following prayers:

“(A) call for the records leading to Exhibits P23 and P24 and quash the same by issuing a writ of certiorari or any other writ, order or direction;

(B) grant such other relief which this Hon'ble court just and proper in the circumstance of the case;

(C) dispense with the filing of the English translation of the vernacular documents produced in the writ petition; and (D) To award the cost of this writ petition.”[SIC]

2. The petitioner is challenging Exts.P23 and P24 orders issued by the 2nd respondent Panchayath Committee. It is the specific case of the petitioner that, when an appeal is pending, the Panchayath Committee has no jurisdiction to entertain the stay petition. It is also the case of the petitioner that the Panchayath Committee has no authority to cancel a licence already issued in the light of Rule 25 of Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996. Admittedly, the appeal is pending before the 2nd respondent.

3. Both sides submitted that the appeal is posted today for hearing. In such circumstances, this Court need not entertain this writ petition and the petitioner can be allowed to raise all the contentions raised in this writ petition before the Appellat authority. The petitioner and respondents 9 to 13 will appear before the 2nd respondent on 13.12.2022 and the 2nd respondent will consider the appeal, as expeditiously as possible, in accordance to law.

Therefore, this writ petition is disposed of in the following manner:

i) The petitioner and respondents 9 to 13 will appear before the 2nd respondent on 13.12.2022 and the 2nd respondent will consider the appeal after giving an opportunity of hearing to the petitioner and the contesting respondents, as expeditiously as possible, at any rate, within a period of ten days from the date of receipt of a copy of this judgment.

ii) All the contentions raised by the petitioner and the contesting respondents are left open and the petitioner is free to raise the question of jurisdiction of the 2nd respondent to entertain the appeal also before the Appellate authority.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM

APPENDIX OF WP(C) 36398/2022 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF LEASE AGREEMENT DATED 03/02/2018 BETWEEN DR. ARIF AND NASEEMA WITH THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF LETTER OF INTENT NO.

573/DOY/ML/2018 DATED 02/03/2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF ENVIRONMENT CLEARANCE NO. 48/2019 DATED 03/10/2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P4 THE TRUE COPY OF CONSENT TO OPERATE NO.PCB/KTM/ICO/R18KOT212933/2020 DATED 29/03/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD .

EXHIBIT P5 THE TRUE COPY OF ORDER NO. C2-

4994/2018/G.M.C.KT. DATED 18/05/2018 ISSUED BY THE 8TH RESPONDENT DISTRICT MEDICAL OFFICER.

EXHIBIT P6 THE TRUE COPY OF INTERIM ORDER DATED

02/11/2021 IN O.P.(C) NO. 1979 OF

2021 OF THIS HON'BLE COURT EXHIBIT P7 THE TRUE COPY OF ORDER DATED

04/12/2021 IN O.P.(C) NO. 1979 2021 OF THIS HON'BLE COURT EXHIBIT P8 THE TRUE COPY OF JUDGMENT DATED

21/01/2022 IN W.P.(C) NO. 1691/2021 OF THIS HON'BLE COURT EXHIBIT P9 THE TRUE COPY OF THE JOB AGREEMENT DATED 24/02/2022 BETWEEN THE DAMPETLA VENKATESH YADAV AND THE PETITIONER EXHIBIT P10 THE TRUE COPY OF LETTER NO.

9057/M3/2021 DATED 29/11/2021 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY TO THE GEOLOGIST, THIRUVANANTHAPURAM EXHIBIT P11 TRUE COPY OF EXTRACT OF THE LICENSE NO. E/SE/KL/22/340(E111869) GRANTED IN FORM LE-3 OF EXPLOSIVE RULES, 2008 ON 02/03/2022 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM TO THE PETITIONER THE EXHIBIT P12 THE TRUE COPY OF FIRE NOC NO. G-

920/2022 DATED 25/03/2022 ISSUED BY THE DISTRICT FIRE OFFICE, IRE AND RESCUE SERVICES, KOTTAYAM EXHIBIT P13 THE TRUE COPY OF COMPLAINT DATED

02/04/2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT SECRETARY EXHIBIT P14 THE TRUE COPY OF PHOTOGRAPHS