IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27734 of 2008(B)


1. K.P.ANILKUMAR
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. THE MEMBER SECRETARY

3. CHIEF ENVIRONMENT ENGINEER

4. THE SECRETARY

                For Petitioner  :SRI.G.SANTHOSH KUMAR (P).

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :18/09/2008

 O R D E R
                               V.GIRI,J.
                        -------------------------
                    W.P ( C) No.27734 of 2008
                        --------------------------
             Dated this the 18th September, 2008

                          J U D G M E N T

Essential challenge in the writ petition is against Exhibit-P7, which is only a show cause notice prior to a closure order under Section 33A of the Water (Prevention and Control of Pollution) Act,1974. I find that though there is no substantive prayer in the writ petition seeking to set aside Exhibit-P, the interim relief sought for by the petitioner is in relation to Exhibit-P7. The averments in the writ petition also relate to Exhibit-P7. Petitioner is entitled to file objections to Exhibit-P7 and obviously the petitioner will be heard by the Pollution Control Board on such objections before taking any action under Section 33A of the Water (Prevention and Control of Pollution) Act,1974.

As regards the pendency of the application for renewal of consent stated to have been submitted by the petitioner and pending as Exhibit-P6, the Board shall consider the same in accordance with law and take appropriate decision thereon, without delay.

The writ petition is disposed of as above.

(V.GIRI,JUDGE) ma  2  3 (V.GIRI,JUDGE) ma  4  5