IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

                       WA.No.2099 OF 2019

  AGAINST THE JUDGMENT IN WP(C) 23317/2019(L) OF THIS COURT

APPELLANT/PETITIONER:
             VIJAYAN P.A., PROPRIETOR, VIJAYA INDUSTRIES, PUTHEN
             VEEDU, KUREEKKAD.P.O., CHOTTANIKKARA, ERNAKULAM
             DISTRICT, PIN-682305.

             BY ADV. SRI.BABU JOSEPH KURUVATHAZHA

RESPONDENTS/RESPONDENTS:
       1     KERALA STATE POLLUTION CONTROL BOARD,
             PLAMOOD, PATTOM.P.O., THIRUVANANTHAPURAM-695004,
             REPRESENTED BY ITS MEMBER SECRETARY.

      2      THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD,
             PLAMOOD, PATTOM.P.O., THIRUVANANTHAPURAM-695004.
      3      THE ENVIRONMENTAL ENGINEER,
             KERALA STATE POLLUTION CONTROL BOARD, REGIONAL
             OFFICE, GANDHI NAGAR, KADAVANTHRA, KOCHI-682020.

      4      THE CHOTTANIKKARA GRAMA PANCHAYAT,
             CHOTTANIKKARA.P.O., ERNAKULAM DISTRICT, PIN-682312,
             REPRESENTED BY ITS SECRETARY.

      5      THE ZONAL OFFICER, CENTRAL POLLUTION CONTROL BOARD,
             NIZARGA BHAVAN, THIMMAIAH ROAD, 7TH D MAIN ROAD,
             SHIVA NAGAR, BENGALURU, PIN-560079.
      6      KUREEKKAD TOWN RESIDENTS ASSOCIATION,
             REG.NO.ER/70/10, KUREEKAD, THIRUVANKULAM, ERNAKULAM
             DISTRICT-682305, REP. BY ITS SECRETARY.
      7      DR.AJIT HARIDAS,
             CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD,
             PLAMOOD, PATTOM.P.O., THIRUVANANTHAPURAM-695004.

      8      SMT.S.SREEKALA,
             MEMBER SECRETARY, KERALA STATE POLLUTION CONTROL
             BOARD, PLAMOOD, PATTOM.P.O., THIRUVANANTHAPURAM-
             695004.

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.10.2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       C.K. ABDUL REHIM, J.
                                     &
                        ANU SIVARAMAN, J.
            -----------------------------------------------------
                      W.A. No. 2099 OF 2019
           -------------------------------------------------------
            Dated this the 28th day of October, 2019

                          JUDGMENT

Abdul Rehim, J.

The above writ appeal was heard and dismissed on 9 th October, 2019. But, before signing the judgment, the learned counsel for the appellant made a motion to post the matter as 'to be spoken to'. Hence the appeal is posted for further hearing on today.

2. Learned counsel for the appellant sought permission for withdrawal of the above writ appeal on the premise that, he is intending to avail statutory remedy provided under the Water(Prevention and Control of Pollution) Act, 1974, including W.A. No.2099/2019 -:3:- the revisional remedy provided before the Government, against the orders impugned in the writ petition.

3. Hence, the judgment passed in the above writ appeal on 9th October, 2019 is hereby recalled.

4. Permission for withdrawal of the writ appeal is granted. The writ appeal is hereby dismissed as withdrawn by reserving liberty of the appellant to move before the statutory authorities against the orders impugned in the writ petition, to the extent it is sustainable under law.

SD/- C.K. ABDUL REHIM, JUDGE.

SD/- ANU SIVARAMAN, JUDGE.

ul/-

// True copy // P.S. to Judge.