IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29618 of 2009(V) -------------------------- PETITIONER(S): --------------- R.VIVEKANANDAN, S/O.LATE K.R.DHARMANDI, AGED 59 YEARS, KARADATHODI HOUSE, OOTTARA, VADAVANNOOR, KOLLEGODE, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS CHAIRMAN, PATTOM, THIRUVANANTHAPURAM. 2. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, NEAR CIVIL STATION, PALAKKAD. 3. A.K.SURENDRAN, SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, NEAR CIVIL STATION, PALAKKAD. 4. K.SANTHAKUMAR, PROPRIETOR, M/S.R.R.MODERN RICE MILL, VADAVANNUR, KOLLENGODE, PALAKKAD. 5. THE VADAVANNUR GRAMA PANCHAYATH, VADAVANNUR, KOLLENGODE VIA., PALAKKAD DISTRICT, REP. BY ITS SECRETARY. BY SRI.M.K.CHANDRAMOHAN DAS - SC FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.29618 of 2009-V ------------------------------ Dated this the 20th day of October, 2009. J U D G M E N T The petitioner challenges Ext.P3 consent issued by the Kerala State Pollution Control Board to the fifth respondent to run a rice mill. Under Section 31 of the Air (Prevention & Control of Pollution) Act, 1981 and Section 28 of the Water (Prevention & Control of Pollution) Act, 1974, an appeal lies from Ext.P3 consent order to the appellate authority constituted by the State Government. The period of limitation for filing an appeal is 30 days from the date of receipt of the order appealed against. In the instant case Ext.P3 consent order was issued on 5.10.2009. As on today, the period of limitation for filing the appeal has not expired. The petitioner thus has an effective alternative remedy by way of appeal. I accordingly dismiss this writ petition reserving liberty with the petitioner to move the appellate authority challenging Ext.P3. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge