IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 5992 of 2009(T) ------------------------- PETITIONER(S): --------------- 1. P.K.VIJAYAN, S/O.KRISHNANKUTTY, AGED 53 YEARS, PEENIKKAL VEEDU, EAST KADUNGALLORE, U.C.COLLEGE P.O., ALUVA. 2. SARADA, W/O.P.K.VIJAYAN, PEENIKKAL VEEDU, EAST KADUNGALLORE, U.C.COLLEGE P.O., ALUVA. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, ERNAKULAM. 3. GEOLOGIST, DISTRICT OFFICE OF MINING & GEOLOGY, CIVIL STATION, ERNAKULAM. 4. PARAKKADAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PARAKKADAVU ALUVA TALUK, ERNAKULAM DISTRICT. 5. K.V.JOY, GOVERNMENT CONTRACTOR, KALLAPPARA HOUSE, KUMARAPURAM P.O., ALUVA VIA, ERNAKULAM. BY SC SRI. P.K. CHANDRAMOHAN DAS BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON 12/03/2008 DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.5992 OF 2009 ------------------------ Dated this the 12th day of March, 2009. JUDGMENT The grievance of the petitioner is essentially about the consent to establish a Stone Crusher Unit granted by the 2nd respondent in favour of the 5th respondent. If the petitioner is aggrieved, the remedy available to the petitioner is to file an appeal as provided in the statute itself. 2. However the learned counsel for the petitioner expressed his difficulty to file an appeal for the reason that, in terms of Rule 34 of the Rules, along with the appeal authenticated copy of the order impugned should also be filed. 3. Therefore, it is only appropriate that, on the petitioner filing an application before the 2nd respondent, he shall issue an authenticated copy of the order issued in favour of the 5th respondent. WP(c).No.5992/09 /2/ Accordingly, I dispose of this writ petition, leaving it open to the petitioner to pursue the appellate remedy that is available and also direct that if the petitioner makes an appropriate application, the 2nd respondent shall issue authenticated copy of the order granting consent to establish the Unit in favour of the 5th respondent. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.5992/09 /2/