IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

              THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

     WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938

                      WP(C).No. 31063 of 2016 (G)
                      ----------------------------


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

          1. SHIBU P.C.
            AGED 43 YEARS, S/O.CHACKO, PARAKALAYIL HOUSE,
            MEMURY (PO), KOTTAYAM DISTRICT

          2. WILSON PAUL
            C&C ENCLAVE, FLAT NO. FF 01, MEMURY (PO),
            KOTTAYAM DISTRICT


            BY ADV. SRI.JOBI JOSE KONDODY

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

          1. THE KERALA STATE POLLUTION CONTROL BOARD
            REPRESENTED BY ITS MEMBER SECRETARY,
            PATTOM (PO), THIRUVANANTHAPURAM 695004

          2. THE ENVIRONMENTAL ENGINEER
            KERALA STATE POLLUTION CONTROL BOARD,
            DISTRICT OFFICE, SREENIVASA IYER ROAD,
            KOTTAYAM 686001

ADDL. RESPONDENTS*

         3. STATE OF KERALA, REPRESENTED BY
            THE CHIEF SECRETARY

(* SUO MOTU  IMPLEADED AS PER ORDER DTD. 28.10.16)


     R-RADDL R-R3  BY ADV. GOVERNMENT PLEADER SRI.SURIN GEORGE IPE (SR.)
     R1-2 BY SRI. T.NAVEEN  SC, KERALA STATE POLLUTION CONTROL



THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
ON  21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31063 of 2016 (G)
---------------------------
                                APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1     A TRUE COPY OF THE DEALERS' LICENSE DATED 04.05.2016
VALID UPTO 03.05.2021 ISSUED BY THE GEOLOGIST, KOTTAYAM TO THE SECOND
PETITIONER

EXHIBIT P2     TRUE COPY OF THE APPLICATION DATED 10.05.2016 FILED BY
THE FIRST PETITIONER BEFORE THE SECRETARY, MANJOOR GRAMA PANCHAYAT

EXHIBIT P3     A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY
THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KURUPPAMTHARA DATED
11.05.2016

EXHIBIT P4     A TRUE COPY OF THE APPLICATION SUBMITTED BY THE FIRST
PETITIONER DATED 13.05.2016 BEFORE THE SECOND RESPONDENT ADDRESSED TO
THE FIRST RESPONDENT

EXHIBIT P5     A TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE
ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER DATED 11.07.2016

EXHIBIT P6     A TRUE COPY OF THE REPLY SUBMITTED BY THE FIRST
PETITIONER DATED 18.07.2016 BEFORE THE SECOND RESPONDENT IN RESPONSE TO
EXHIBIT P5

EXHIBIT P7     A TRUE COPY OF THE LOCATION SKETCH OF EXHIBIT P1
SUBMITTED BY THE PETITIONER WITHOUT DATE BEFORE THE SECOND RESPONDENT

EXHIBIT P8     A TRUE COPY OF THE PLAN PROPOSING TO ENCLOSE THE SIDE OF
THE DEALER YARD USING SHEETS SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT WITHOUT DATE

EXHIBIT P9     A TRUE COPY OF THE ORDER REFUSING CONSENT ISSUED BY THE
SECOND RESPONDENT TO THE FIRST PETITIONER DATED 27.07.2016

EXHIBIT P10    A TRUE COPY OF THE CIRCULAR DATED 28.04.2015 ISSUED BY
THE FIRST RESPONDENT TO ALL THE DISTRICT OFFICES

EXHIBIT P11    A TRUE COPY OF THE CIRCULAR DATED 09.08.2004 ISSUED BY
THE FIRST RESPONDENT TO THE DISTRICT OFFICES INCLUDING THE SECOND
RESPONDENT

EXHIBIT P12   COPY OF THE APPEAL MEMORANDUM WITHOUT ANNEXURES IN APPEAL
NO.22 OF 2016 FILED BEFORE THE AIR APPELLATE AUTHORITY,
THIRUVANANTHAPURAM, DTD. 26.9.16

EXHIBIT P13   COPY OF THE CHALLAN FORM DTD. 26.9.16 TOWARDS FEE
REMITTED FOR EXT.P12 APPEAL



                                                              CONTD..2..

                                .. 2 ..

WP(C).No. 31063 of 2016 (G)
---------------------------



RESPONDENT(S)' EXHIBITS
-----------------------

ANNEXURE R2(A)   COPY OF THE CONSENT REFUSAL INTENTION NOTICE DTD.
11.7.16 ISSUED TO THE PETITIONER.

ANNEXURE R2(B)   CIRCULAR NO.PCB/TAC/18/2004 DTD. 9.8.04 OF THE MEMBER
SECRETARY OF POLLUTION CONTROL BOARD

ANNEXURE R2(C)   COPY OF THE CONSENT REFUSAL ORDER DTD. 27.7.16 ISSUED
TO THE PETITIONER.


                            // TRUE COPY //


                              P.A TO JUDGE


SB



                   K. VINOD CHANDRAN, J.
               =====================
                W.P.(C) No.31063 of 2016- G
              ======================
         Dated this the 21st day of December, 2016

                       J U D G M E N T

The petitioners were aggrieved with the order passed by the Kerala State Pollution Control Board (PCB), refusing consent to establish, produced as Ext.P9. Ideally, the petitioners ought to have challenged the same before the Appellate Authority constituted under the Air (Prevention & Control of Pollution) Act 1981 (for brevity 'the Air Act). The petitioners also filed the same as is indicated from Ext.P12, produced subsequently along with the interlocutory application. However, the consideration was not be made, since there was no appellate authority constituted as per the Air Act. As of now, the Government has constituted the appellate authority by notification G.O(P) No.5/2016/Envt.  2 W.P.(C) No.31063 of 2016- G dated 20.12.2016. In such circumstance, there shall be a direction that the matter shall be taken up and shall be considered for any interim orders, within a period of one month from the date of receipt of a certified copy of this judgment.

Leaving open all contentions, the writ petition would stand disposed of.

Sd/-

K. VINOD CHANDRAN, JUDGE SB/21/12//2016 // true copy // P.A to Judge