IN THE HIGH COURT OF KERALA AT ERNAKULAM

                     PRESENT:

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939

                 WP(C).No. 9472 of 2018




PETITIONER(S)


  ABDUL KHADER KUNJU
  AGED 79 YEARS, S/O. KUNJU AHAMMED KUNJU,
  ABIDA MANZIL, PAYIKUZHI, OCHIRA P.O, PIN-690 526.


  BY ADVS.SRI.K.RAVIKUMAR
      SRI.S.DILEEP




RESPONDENT(S):

1. SMT.HASEENA BEEVI
   W/O. NIZR BABU, THOPPIL HOUSE,
   PAYIKUZHI, OCHIRA P.O, PIN 690 526.

2. THE ENVIRONMENTAL ENGINEER
   KERALA STATE POLLUTION CONTROL BOARD,
   KOLLAM 691 001

3. SECRETARY
   OCHIRA GRAMMA PANCHAYATH,
   OCHIRA 690 526

4. GENERAL MANAGER
   DISTRICT INDUSTRIES CENTRE,
   ASRAMOM, KOLLAM 691 001

   R2 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
   BY SRI.B.HARISH KUMAR, SC, OACHIRA GRAMA PANCHAYATH


 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9472 of 2018 (H)

                    APPENDIX

PETITIONER(S)' EXHIBITS

EXHIBIT P1      TRUE COPY OF THE CONSENT DATED 03-01-2018.

EXHIBIT P2  TRUE COPY OF THE LETTER DATED 16-02-2018 ISSUED
       BY THE SECRETARY, VALLIKUNNAM GRAMMA
       PANCHAYATH

EXHIBIT P3  TRUE COPY OF THE LETTER DATED 20-02-2018 ISSUED
       BY SECRETARY, OCHIRA GRAMMA PANCHAYATH.

EXHIBIT P4  TRUE COPY OF THE PROCEEDINGS DATED 23-02-2018
       ISSUED BY THE 4TH RESPONDENT


RESPONDENTS EXHIBITS:NIL


                                                              //TRUE COPY//


                                                               P.A TO JUDGE

                A.K.JAYASANKARAN NAMBIAR, J.
                ...................................................................
                          W.P.(C).No.9472 Of 2018
               .....................................................................
            Dated this the 20th day of March, 2018

                                 JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P1 consent to establish that was granted by the respondent Pollution Control Board to the 1st respondent. Although various contentions are raised in the writ petition in its challenge against Ext.P1, I find that, against Ext.P1, the petitioner has an effective alternative remedy by way of filing an appeal before the appellate authority constituted under the Air (Prevention & Pollution) Act, 1981. Accordingly, without prejudice to the right of the petitioner to move the appellate authority, the writ petition in its challenge against Ext.P1 is dismissed.

Taking note of the submission of the learned counsel for the petitioner that he would require some time to move the appellate authority, I direct that if the petitioner files an appeal before the appellate authority within three weeks from the date of receipt of a copy of this judgment. The appellate authority shall consider the same on merits and pass orders thereon, after hearing the petitioner as also the 1st respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the appellate authority, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/20.03.18