IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 138 of 2008(N)


1. Y.HUSSAIN, S/O.KUINHIPOCKER,
                      ...  Petitioner
2. VELLADAN ABDUL NAZAR, S/O.MOHAMMED,

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM DIST.
                       ...       Respondent

2. THE SECRETARY, EDAYOOR GRAMA PANCHAYATH,

3. THE DISTRICT MEDICAL OFFICER,

4. THE VILLAGE OFFICER, EDAYOOR VILLAGE,

5. THE POLLUTION CONTROL BOARD, DISTRICT

6. K.ABDUSAMAD, S/O.HASSAN HAJI,

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  :SRI.A.SUDHI VASUDEVAN, SC POLLUTION C.B.

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2008

 O R D E R
                       ANTONY DOMINIC, J.
                      ===============
                  W.P.(C) NO. 138 OF 2008 N
                =====================

            Dated this the 4th day of January, 2008

                          J U D G M E N T

Petitioners have filed this writ petition challenging Ext.P11 consent letter issued by the Kerala State Pollution Control Board under Section 25 of Water (Prevention & Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention & Control of Pollution) Act, 1981. It is now submitted by both sides that right of appeal is available to the petitioners under Section 28 of the Water Act.

2. In view of the statutory remedy of appeal that is available, I dispose of this writ petition leaving it open to the petitioners to pursue the appellate remedies. In so far as direction sought for requiring the 1st respondent to consider Ext.P12 representation is concerned, Ext.P12 being a non- statutory one, I am not inclined to issue such a direction. Similar is the case with Ext.P6 and hence no such directions are issued.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp