IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                  THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

               THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

                                        WP(C).No. 8904 of 2018



PETITIONER(S):


     THEKKEDATH KARIPPAYI KUNHALAVI
     AGED 52 YEARS, S/O. ABDU KARIPPAYI, THEKKADATH KARIPPAYI
     HOUSE, PROP. B.B AUDITORIUM AND PANCHAMI ANNEX,
     CHENKODE, KALIKAVU, POST VELLAYUR, MALAPPURAM DISTRICT,
     PIN 679 325.


     BY ADVS.SRI.K.MUHAMMED SALAHUDHEEN
         SRI.S.SUJIN



RESPONDENT(S):

1.   KERALA STATE POLLUTION CONTROL BOARD
     DISTRICT OFFICE, 19/269A, PERUTHALMANNA ROAD, UP HILL,
     MALAPPURAM,PIN 676 505.

2.   KERALA STATE POLLUTION CONTROL BOARD
     REP BY ITS MEMBER SECRETARY, PATTAM PALACE,
     THIRUVANANTHAPURAM. PIN: 695 001

3.   KALIKAVU GRAMA PANCHAYATH
     REP BY ITS SECRETARY, KALIKAVU POST, MALAPPURAM DISTRICT,
     PIN - 676 525.

4.   ABDUL RAZAK
     AGED 42 YEARS, S/O. ALAVIKUTTY, MAMBADAN HOUSE,
     CHENKODE, KALIKAVU POST, MALAPPURAM DISTRICT, PIN - 676 525.

      R BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD


  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8904 of 2018 (K)


                                    APPENDIX



PETITIONER(S)' EXHIBITS:

EXHIBIT P1       A TRUE COPY OF THE FEE RECEIPT ISSUED BY KALIKAVU GRAMA
PANCHAYATH SHOWING THE ACCEPTANCE OF A FEE OF RS. 76,056/- FOR VARIOUS
PERIODS DATED 4/12/2014.

EXHIBIT P2       A TRUE COPY OF THE RECEIPT ISSUED BY THE ENVIRONMENTAL
ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
MALAPPURAM DATED 4/4/2016 SHOWING THE ACCEPTANCE OF RS. 65, 000/- AS DEMAND
DRAFT NO.001264 DATED 23/3/2016.

EXHIBIT P3      A TRUE COPY OF THE CONSENT NO.PCB/CO/5643/2016 ISSUED BY
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, MALAPPURAM     TO OPERATE/AUTHORIZATION/REGISTRATION OF THE B.B
AUDITORIUM ISSUED ON 8/6/2016 VALID UP TO 31/5/2019.

EXHIBIT P4   A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE THE
MUNSIFF COURT, MANJERI DATED 5/11/2016 FOR DAMAGES.

EXHIBIT P5  A TRUE COPY OF THE NOTICE SENT BY THE 1ST RESPONDENT POLLUTION
CONTROL BOARD DATED 7/1/2017.

EXHIBIT P6    THE REPLY SENT BY THE PETITIONER, EXPLAINING THE TRUE FACTS OF
THE SITUATION TO THE POLLUTION CONTROL BOARD DATED 21/2/2017.

EXHIBIT P7     A TRUE COPY OF THE ORDER WITHDRAWING THE CONSENT BY THE
POLLUTION CONTROL BOARD DATED 31/1/2018.



RESPONDENTS EXHIBITS:        NIL.




                             //TRUE COPY//


                             P.S. TO JUDGE




prp/

               A.K.JAYASANKARAN NAMBIAR, J.
                     -------------------------------
                 W.P.(C).NO.8904 OF 2018 (K)
                   -----------------------------------
             Dated this the 15th day of March, 2018

                           JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P7 order, whereby, a consent granted by the Kerala State Pollution Control Board to the unit of the petitioner was withdrawn. Although various contentions are raised in the writ petition, in its challenge against Ext.P7 order, I find that, against Ext.P7 order, the petitioner has an effective alternate remedy by way of an appeal before the Appellate Authority under the Air (Prevention and Control of Pollution) Act, 1981. Accordingly, without prejudice to the right of the petitioner to move the Appellate authority, the writ petition, in its challenge against Ext.P7 order, is dismissed.

Taking note of the submission of the learned senior counsel for the petitioner that the petitioner is willing to operate the unit without the offending generator, I direct that the operation of, and further proceedings, pursuant to Ext.P7 order, shall be kept in abeyance till such time as the Appellate authority considers the appeal preferred by W.P.(C).No.8904/2018 2 the petitioner on merits. I make it clear that the petitioner shall file the appeal before the Appellate authority within a period of two weeks from today, and on receipt of the appeal, the Appellate authority shall consider and pass orders in the appeal within a period of two months from the date of receipt of the appeal from the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the respondents and also the Appellate authority, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE prp/15/3/18