IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

      THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
                                   &
               THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

        FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938

                      WP(C).No. 19103 of 2016 (S)
                      ----------------------------

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

          1. JANA SAMBARKKA SAMITY,
            KUMARAKOM UNIT KOTTAYAM, REG.NO. ER 431/11
            REPRESENTED BY ITS SECRETARY K.K.RAJAPPAN,
            AGED:70 YEARS, S/O KRISHNAN, THURUTHEL,
            KUMARAKOM NORTH.P.O, KOTTAYAM DIST. 686563

          2. K.S ANANDAN
            AGED;56 YEARS, SANKUNNY, ITHIKKAYALCHIRA HOUSE,
            KUMARAKOM NORTH PO, KOTTAYAM DIST. 686 563


            BY ADVS.SMT.AYSHA YOUSEFF
                    SMT.MOLLY JACOB
                    SRI.JOBI.A.THAMPI
                    SMT.M.KABANI DINESH
                    SMT.PRIYANKA SEBASTIAN
                    SMT.RABIA BEEGAM T.K.
                    SRI.SHOUKATH HUSAIN

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

          1. STATE OF KERALA
            REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT,
            THIRUVANANTHAPURAM-695001

          2. THE CHAIRMAN,
            KERALA STATE POLLUTION CONTROL BOARD PATTOM,
            THIRUVANANTHAPURAM-695004

          3. THE LAND REVENUE COMMISSIONER,
            BOARD OF REVENUE, OPPOSITE MUSEUEM, VIKAS BHAVAN,
            THIRUVANANTHPURAM-695033

          4. THE DISTRICT COLLECTOR,
            COLLECTORATE KOTTAYAM-686001

          5. THE SUPERINTENDENT OF POLICE
            KOTTAYAM 686001

WP(C).No. 19103 of 2016 (S)         - 2 -



          6. THE SECRETARY,
            KUMARAKOM GRAMA PANCHAYATH, KUMARAKOM PO,
            KOTTAYAM -686 563.

          7. SRI. RAJEESHKUMAR S.V
            AUTHORIZED SIGNATORY,
            NIRAAMYA RETREATS KUMARAKOM PVT LTD,
            KUMARAKOM, KOTTAYAM-686 563


            R1,R3-R5 BY SR.GOVERNMENT PLEADER SRI. V. TEKCHAND.
            R2 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION
            CONTROL BOARD,
            R6  BY ADV. SRI.T.A.SHAJI (SR.)
            R6  BY ADV. SMT.NAMITHA JYOTHISH
            R6  BY ADV. SRI.ATHUL SHAJI
            R7  BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR
            R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
       30-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


sou.

WP(C).No. 19103 of 2016 (S)
----------------------------

                                APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
P1    PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER

P1(a) TRUE ENGLISH TRANSLATION OF THE REGISTRATION CERTIFICATE OF THE
     1ST PETITIONER

P2    PHOTOCOPY OF THE PHOTOGRAPH OF THE BUILDING CONSTRUCTION BEING
     MADE BY THE 7TH RESPONDENT

P3    PHOTOCOPY OF THE PHOTO SHOWING THE REMAINING PATHWAY AFTER
     ENCORACHING THE PURAMBOKE LAND

P4    PHOTOCOPY OF THE COMPLAINT SUBMITTED TO THE 4TH RESPONDENT ON
     5/2/16

P5    PHOTOCOPY OF THE REPLY FURNISHED BY THE KUMARAKOM VILLAGE OFFICER
     ON 21/4/16

P6    PHOTOCOPY OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE
     OFFICER, KUMARAKOM ON 27/1/16

P7    PHOTOCOPY OF THE CONSENT DT.4/4/16 ISSUED BY THE 2ND RESPONDENT
     TO THE 7TH RESPONDENT

P8    TRUE LEGIBLE COPY OF THE BUILDING PERMIT ISSUED BY THE 6TH
     RESPONDENT ON 25/9/15

P9    PHOTOCOPY OF THE  COMPLAINT SUBMITTED BY THE 1ST PETITIONER TO
     THE 4TH RESPONDENT

RESPONDENT(S)' EXHIBITS
-----------------------
ANNEXURE R4 (A) :  TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE DISTRICT
                  COLLECTOR, KOTTAYAM, BEARING NO.DCKTM-623/16-E11
                  DATED 5.8.2016 AND ITS TRANSLATION


                                         /TRUE COPY/

                                                      P.A. TO JUDGE

sou.



                  Mohan M. Shantanagoudar, CJ
                                        &
                           Antony Dominic, J
           --------------------------------------------------------------
                       W.P(C). No. 19103 of 2016
          ---------------------------------------------------------------
           Dated this the 30th day of September, 2016


                              J U D G M E N T

Mohan M. Shantanagoudar, CJ In view of the availability of alternative and efficacious remedy of appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 28 of the Water (Prevention and Control of Pollution) Act, 1974, we decline to entertain the writ petition. The writ petition fails and the same stands dismissed, however, with liberty to the petitioners to approach the appellate authority within one month from this date. All the issues are left open.

Sd/-

Mohan M. Shantanagoudar, Chief Justice Sd/-

Antony Dominic, Judge sou.30/9.