IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

            THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     MONDAY, THE 27TH DAY OF NOVEMBER 2017/6TH AGRAHAYANA, 1939

                    WP(C).No. 30129 of 2016 (M)
                    ----------------------------
PETITIONER(S):
-------------

            SUNIL ALIYAR
            AGED 44, S/O.MUHAMMED ALIYAR, ARINJAL HOUSE, PAINKULAM,
            THODUPUZHA, IDUKKI PIN 685 608.


            BY ADVS.SRI.S.RENJITH
                    SRI.K.R.PRATHISH

RESPONDENT(S):
--------------

          1. REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, IDUKKI DISTRICT-685584.

          2. THE ENVIRONMENTAL ENGINEER
            THE KERALA STATE POLLUTION CONTROL BOARD,
            IDUKKI DISTRICT, OFFICE, THODUPUZHA-685584.

          3. KUMARAMANGALAM GRAMA PANCHAYAT
            KUMARAMANGALAM PO, THODUPUZHA,
            IDUKKI 685 606.

          4. THE TAHSILDAR
            THODUPUZHA, IDUKKI DISTRICT--685584.

          5. AGRICULTURAL OFFICER
            KUMARAMANGALAM PO,
            THODUPUZHA-685584.

          6. SUNNY JOSEPH
            PROPRIETOR, M/S.MADAVANA WATER SERVICE CENTRE,
            MADAVANA HOSUE, KUMARAMANGALAM,
            P.O.THODUPUZHA, IDUKKI 685 608.

          7. THE WATER (PREVENTION AND CONTROL OF POLLUTION)
            APPELLATE AUTHORITY DEVI KRIPA BUILDING,
            T.C.13/29(8), 2ND FLOOR, KANNAMMOOLA,
            PETTAH, THIRUVANANTHAPRUAM 695 024,
            REP. BY ITS CHAIRMAN.

            R2  BY ADV. SRI.NAVEEN.T
            R2  BY ADV. SRI. T.NAVEEN  SC,
                     KERALA STATE POLLUTION CONTROL BOARD,
            R3  BY ADV. SRI.N.JAGATH
            R6  BY ADV. SRI.JOSEPH JOHN
            R1,R4,R5  BY ADV. GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
27-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30129 of 2016 (M)
----------------------------

                              APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
EXT.P1         COPY OF THE COMPLAINT SUBMITTED BY THE PETIITONER
BEFORE THE 3RD RESPONDENT DATED 22.3.2016

EXT.P2         COPY OF THE REPORT OF THE 5TH RESPONDENT DATED
16.12.2015

EXT.P3         COPY OF THE REPORT OF THE 4TH RESPONDENT DATED
12.12.2015

EXT.P4         COPY OF THE COMPLAINT SUBMITTED BY THE PETIITONER
BEFORE THE 2ND RESPONDENT OFFICE

EXT.P5         COPY OF THE CONSENT DATED 13.7.2016 ISSUED TO THE 6TH
RESPONDENT

EXT.P6         COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE
THE WATER (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY,
THIRUVANANTHAPURAM.

EXT.P7         COPY OF THE STAY APPLICATION

EXT.P8         COPY OF THE ORDER DATED 5.7.2016 ISSUED BY THE 1ST
RESPONDENT

EXT.P9         COPY OF THE ORDER OF THE 1ST RESPONDENT


RESPONDENT(S)' EXHIBITS:
-----------------------

EXT.R6 (A): THE TRUE PROJECT RPORT OF MY SERVIC STAION SUBMITTD TO
THE 2ND RSPONDENT.

EXT.R6 (B): THE NO OBJECION LETTER ISSUED BY ASST.DIVISIONAL OFFICE,
FIRE & RESCUE IDUKKI DATED 15/07/2016.

EXT.R6(C):  TRUE COPY OF LETTR ISSUED BY THE TAHSILDAR THODUPUZHA TO
THE SECRETARY, KUMARAMANGALAM GRAMA PANCHAYAT DATED 18/2/2016.

ANNEXURE 1: A TRUE PHOTOCOPY OF THE G.O. (P)
NO.04/2016/ENVT.DT.17/12/2016.

ANNEXURE R2(A): TRUE COPY OF THE CONSENT NO.PCB/IDK/ICE/57/2015 DATED
10.8.2015 FOR ESTABLISHING A WATER SERVICE UNIT.

ANNEXURE R2(B): TRUE COPY OF THE  CONSENT NO.PCB/IDK/ICO/370/2016
DATED 13/7/2016 FOR OPERATING A WATER SERVIC UNIT.

ANNEXURE R2(C):  TRUE COPY OF TH CIRCULAR NO.PCB/TAC/18/2004 DATED
9/8/2004.
                                         TRUE COPY

                                         PA TO JUDGE
SCL.



                  P.B. SURESH KUMAR, J.
              -------------------------------------
                  W.P.(C) No.30129 of 2016
               --------------------------------------
          Dated this the 27th day of November, 2017


                           JUDGMENT

Ext.P6 is an appeal preferred by the petitioner under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 challenging Ext.P5, before the seventh respondent. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the seventh respondent to take a decision on Ext.P6 appeal.

2. Heard the learned counsel for the petitioner, the learned counsel for the sixth respondent, the learned Government Pleader as also the learned Standing Counsel for the second respondent.

3. Having regard to the facts and circumstances of the case, I deem it appropriate to direct the seventh respondent to take a decision on Ext.P6 appeal, within three  W.P.(C) No.30129 of 2016 -2- weeks from the date of receipt of a copy of this judgment, after affording the petitioner as also the sixth respondent an opportunity of hearing. Ordered accordingly.

The writ petition is disposed of as above.

Sd/-

P.B. SURESH KUMAR JUDGE Scl/27.11.2017