IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             PRESENT:

                           THE HONOURABLE MR.JUSTICE S.SIRI JAGAN

                  FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933

                                   WP(C).No. 14185 of 2011 (W)
                                       ---------------------------

PETITIONER(S) :
---------------------


                     K.M.STONE CRUSHER UNIT,
                     REP. BY ITS MANAGING PARTNER,
                     ANSAR.C,
                     KARAYATHUMCHAL, NEDIYANGA AMSOM,
                     SREEKANDAPURAM PANCHAYATH,
                     KANNUR DISTRICT, PIN - 670 631.


                     BY ADVS.SRI.K.V.SOHAN
                              SMT.SREEJA SOHAN.K.


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


          1.         GOVT. OF KERALA,
                     REP. BY ITS CHIEF SECRETARY,
                     SECRETARIAT, TRIVANDRUM, PIN-695 001.


          2.         THE APPELLATE AUTHORITY,
                     THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981),
                     REP. BY ITS CHAIRMAN,
                     THE LAW SECRETARY FOR THE STATE OF KERALA,
                     TRIVANDRUM, PIN - 695 001.


          3.         THE KERALA STATE POLLUTION CONTROL BOARD,
                     DISTRICT OFFICE, KAKKAD ROAD,
                     IST FLOOR GALAXY COMPLEX, KANNUR, PIN - 670 002.


          4.         PALAKKAL MARTIN, S/O.MATHEW,
                     NEDIYENGA AMSOM DESOM, KARAYATHUMCHAL P.O.,
                     KANNUR DISTRICT, PIN - 670 631.

                                                              Contd...2/-
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WP(C).No. 14185 of 2011 (W)




      5.     THE DEPUTY ZONAL MANAGER & AUTHORISED OFFICER,
             CATHOLIC SYRIAN BANK LTD.,
             ZONAL OFFICE,
             KOZHIKODE, PIN - 673 001.


             R1 BY ADV.SMT.SANJEETHA K.A., GOVERNMENT PLEADER
             R3BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD
             R3 BY ADV. SRI.PHILSON MATHEWS, SC, KERALA STATE POLL.C.BOARD
             R5 BY ADV. SRI.C.A.JOY



             THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
             ON 16-03-2012, THE COURT ON THE SAME DAY DELIVERED THE
             FOLLOWING:




                                             Contd...3/-




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WP(C).No. 14185 of 2011 (W)

                               APPENDIX


PETITIONER(S) EXHIBITS     :


P1.   :      COPY OF THE RESOLUTION PASSED BY THE SREEKANDAPURAM
             GRAMA PANCHAYATH, DATED 08.10.2009.

P2.   :      COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF SINGLE
             WINDOW CLEARANCE BOARD DAED 06.08.2010.

P3.   :      COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE
             PETITIONER, DATED 25.11.2009

P4.   :      COPY OF THE PLAN SUBMITTED BY THE PETITIONER TO THE 3RD
             RESPONDENT.

P5.   :      COPY OF THE ANSWER GIVEN BY THE SREEKANDAPURAM GRAMAM
             PANCHAYATH WITH RESPECT TO THE DISPUTED CONSTRUCTION,
             DATED 06.03.2010.

P6.   :      COPY OF THE ORDER IN I.A.450/2010 IN O.S.65/2010, DATED 15.03.2010.

P7.   :      COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT, DATED
             06.05.2010.

P8.   :      COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED
             06.01.2011.

P9.   :      COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE
             PETITIONER UNDER SECTION 13(2) OF THE SECURITISATION ACT, DATED
             28.12.2010.

P10.  :      COPY OF THE APPLICATION SUBMITTED ON 13.10.2011 BEFORE THE
             APPELLATE AUTHORITY.



RESPONDENTS' EXHIBITS      :   NIL



                                             /TRUE COPY/


                                             P.A.TO JUDGE



AMV




                         S. SIRI JAGAN, J.
                ------------------------------------------
                   WP(C) No. 14185 of 2011
                ------------------------------------------
            Dated this the 16th day of March, 2012


                             JUDGMENT

The petitioner, aggrieved by orders passed by authority under the AIR (Prevention and Control of Pollution Act 1981) challenging orders of the original authority, has filed Appeal No: 10/2010 before the appellate authority. The petitioner now confines his relief for direction to the appellate authority to dispose of the same expeditiously.

2. Having heard the learned Government Pleader and Standing Counsel for the Kerala State Pollution Control Board, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Appeal No:10/2010 as expeditiously as possible, at any rate, within one month from 12.04.2012, on which date, the appeal is stated to be posted for hearing.

Sd/-

                                                        S. SIRI JAGAN,
                                                           JUDGE
bka/-                  //True copy//


                       PA to Judge