IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29618 of 2009(V)


1. R.VIVEKANANDAN,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE POLLUTION CONTROL
                       ...       Respondent

2. THE SENIOR ENVIRONMENTAL ENGINEER,

3. A.K.SURENDRAN,

4. K.SANTHAKUMAR,

5. THE VADAVANNUR GRAMA PANCHAYATH,

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :20/10/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                  -----------------------------
                     W.P(C) No.29618 of 2009-V
                 ------------------------------
              Dated this the 20th day of October, 2009.

                            J U D G M E N T

The petitioner challenges Ext.P3 consent issued by the Kerala State Pollution Control Board to the fifth respondent to run a rice mill. Under Section 31 of the Air (Prevention & Control of Pollution) Act, 1981 and Section 28 of the Water (Prevention & Control of Pollution) Act, 1974, an appeal lies from Ext.P3 consent order to the appellate authority constituted by the State Government. The period of limitation for filing an appeal is 30 days from the date of receipt of the order appealed against. In the instant case Ext.P3 consent order was issued on 5.10.2009. As on today, the period of limitation for filing the appeal has not expired. The petitioner thus has an effective alternative remedy by way of appeal. I accordingly dismiss this writ petition reserving liberty with the petitioner to move the appellate authority challenging Ext.P3. The contentions of the petitioner on the merits are kept open.

Sd/-

                                     P.N.RAVINDRAN
                                          JUDGE


                  //True Copy//


ab                                        PA to Judge