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W.A.Nos.2095 & 2315 of 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WA.No.2095 OF 2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 12366/2019(U) OF HIGH COURT
OF KERALA
APPELLANT/S:
SHAMMY A.SHAHIB,
AGED 45 YEARS,
S/O.AHAMED, PALACKAL HOUSE,
CHERUVANDUR, ETTUMANOOR P.O.,
KOTTAYAM - 686 631.
BY ADV.SRI.PRAVEEN K.JOY
RESPONDENT/S:
1 KOTTAYAM DISTRICT SINGLE WINDOW CLEARANCE BOARD,
KOTTAYAM - 686 001,
REP. BY ITS CONVENOR.
2 DISTRICT MEDICAL OFFICER,
KOTTAYAM - 686 002.
3 DISTRICT INDUSTRIES CENTRE,
KOTTAYAM - 686 001,
REP. BY ITS GENERAL MANAGER
4 KERALA STATE POLLUTION CONTROL BOARD,
TRIVANDRUM - 695 004,
REPRESENTED BY ITS CHAIRMAN.
5 ENVIRONMENT ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
KOTTAYAM - 686 001.
W.A.Nos.2095 & 2315 of 2019 2
6 K.G RAJAPPAN,
AGED 67 YEARS,
KALLETHANATH HOUSE, ETTUMANOOR P.O.,
KOTTAYAM - 686 562.
R6 BY ADV. SRI.ALEX.M.SCARIA
R1 TO R3 BY SR.GP.SRI.TEK CHAND
R4 AND R5 SRI.T.NAVEEN, SC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14.11.2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.2095 & 2315 of 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WA.No.2315 OF 2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 13038/2019(D) OF HIGH COURT
OF KERALA
APPELLANT/S:
K.G.RAJAPPAN,
AGED 67 YEARS,
KALLETHANATH (H), ETTUMANOOR P.O.,
KOTTAYAM-686 562.
BY ADVS.
SRI.ALEX.M.SCARIA
SRI.G.BAIJURAJ
SRI.A.J.RIYAS
KUM.MINU THANKAPPAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
KOTTAYAM, CIVIL STATION, KOTTAYAM-686 002.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
V PUBLISHERS BUILDING, SREENIVASA IYYER ROAD,
KOTTAYAM-686 001. REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER.
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
V PUBLISHERS BUILDING, SREENIVASA IYYER ROAD,
KOTTAYAM-686 001.
4 THE ETTUMANOOR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
ETTUMANOOR P.O., KOTTAYAM-686 562.
W.A.Nos.2095 & 2315 of 2019 4
5 THE SECRETARY,
ETTUMANOOR MUNICIPALITY, ETTUMANOOR P.O.,
KOTTAYAM-686 562.
6 THE EXECUTIVE ENGINEER,
THE KERALA STATE ELECTRICITY BOARD,
ETTUMANOOR-686 562.
7 THE DISTRICT LABOUR OFFICER,
COLLECTORATE BUILDING, 3RD FLOOR, KOTTAYAM-686 002.
8 DISTRICT FIRE SAFETY OFFICER,
OFFICE OF THE DISTRICT FIRE OFFICER,
FIRE AND RESCUE SERVICES, KOTTAYAM-686 001.
9 THE DISTRICT POLICE CHIEF,
KOTTAYAM-686 002.
10 STATION HOUSE OFFICER,
ETTUMANOOR POLICE STATION, ETTUMANOOR-686 562.
11 DIVISIONAL FOREST OFFICER,
PARAMPUZHA P.O., KOTTAYAM-686 004.
12 SHAMMY A.SAHIB,
AGED 45 YEARS,
S/O.AHAMMED SAHIB, PALACKAL HOSUE,
CHERUVANDUR ETTUMANOOR P.O., KOTTAYAM-686 631.
R1, R7, R8, R9, R10 AND R11 BY SR.GP.SRI.TEK CHAND
R2 AND R3, SRI.T.NAVEEN, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.Nos.2095 & 2315 of 2019 5
JUDGMENT
Dated this the 14th day of November 2019 S.Manikumar, CJ.
Heard learned counsel appearing for the appellants and the learned Government Pleader.
2. Both the writ appeals are taken up for disposal. Writ Court directed the appellant in W.A.No.2095 of 2019 to pursue his appeal filed before the Appellate Authority under Section 31 of the Air (Prevention & Control of Pollution) Act, 1981, challenging a closure order passed by the Environmental Engineer of the Kerala State Pollution Control Board.
3. On this day, Mr.Praveen K.Joy, learned counsel for the appellant in W.A.No.2095 of 2019, submitted that by order dated 18.10.2019 the Appellate Authority has stayed the operation of the closure order. Thus, it is evident that the impugned judgment (judgment in W.P.(C).No.12366 of 2019) dated 10.06.2019 before us, has been pursued, and in such circumstances, W.A.No.2095 of 2019 has become infructuous.
4. Consequently, Writ Appeal No.2315 of 2019 has also become infructuous. If the appellant Sri.K.G.Rajappan is aggrieved, he can take recourse to the remedies permitted in law before the appellate authority and obtain a stay.
Accordingly, these writ appeals are dismissed as infructuous.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE JUDGE DG W.A.Nos.2095 & 2315 of 2019 6 APPENDIX W.A.2095/19 PETITIONER'S/S EXHIBITS:
ANNEXURE -1 THE TRUE COPY OF THE ORDER DATED 07.11.2018 IN IA 1149/18 IN OS 175/18 OF MUNSIFF COURT, ETTUMANOOR ANNEXURE -2 THE TRUE COPY OF THE JUDGMENT DATED 23.07.2019 IN WPC 18002/19 AND SAME MAY BE MARKED AS ANNEXURE -3 THE TRUE COPY OF THE APPEAL 9/2019 BEFORE THE APPELLATE AUTHORITY OF AIR (PREVENTION AND CONTROL OF POLLUTION ACT) DATED 06.06.2019 ANNEXURE -4 THE TRUE COPY OF THE STAY PETITION AS IA NO 22/19 IN APPEAL 9/2019 BEFORE THE APPELLATE AUTHORITY OF AIR (PREVENTION AND CONTROL OF POLLUTION ACT) DATED 6.6.19