IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10865 of 2011(G)


1. PAUL VARGHESE,PROPRIETOR,PULLAN GRANITES
                      ...  Petitioner

                        Vs



1. THE ENVIRONMENTAL ENGINEER,KERALA STATE
                       ...       Respondent

2. KERALA STATE POLLUTION CONTROL BOARD,

3. STATE OF KERALA,REPRESENTED BY SECRETARY

                For Petitioner  :SRI.LEGY ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/04/2011

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                  W.P.(C) NO. 10865 OF 2011
                 =====================

              Dated this the 5th day of April, 2011

                           J U D G M E N T

Refusal of consent sought for by the petitioner as per Ext.P5 order is what is under challenge in this writ petition.

2. As rightly pointed out by the learned standing counsel appearing for the respondent, Ext.P5 is an order appealable under Section 28 of the Water (Prevention & Control of Pollution) Act and Section 3 of AIR (Prevention and Control of Pollution) Act. Having regard to the availability of effective alternate remedy to the petitioner, it is not necessary for this Court to entertain the writ petition.

Therefore, the writ petition is dismissed. However, it is directed that if the petitioner files an appeal against Ext.P5 before the appellate authority within 4 weeks from today, the appellate authority shall entertain the appeal and deal with the same on merits.

ANTONY DOMINIC, JUDGE Rp