IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 W.A.No.1683 of 2008 --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).17576/2008(P), DATED 15/07/2008 .................... APPELLANTS: PETITIONERS:- ------------------------------------------- 1. SUBRAHMANIYAN, AGED 46 YEARS, S/O.VELAYUDHAN, POOTHAKUDI, NEDUVATTOM KARA, MANJAPRA P.O. 2. SRI.SUDARSANAN, AGED 43 YEARS, S/O.V.N.PILLAI, AMPADATH MALIKA, NADUVATTOM KARA, MANJAPRA P.O. BY ADV. SRI.GOVINDH K.BHARATHAN (SR.) & SRI.C.A.JOY. RESPONDENTS: RESPONDENTS:- ------------------------------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DIST., ERNAKULAM, CIVIL STATION, KAKKANAD. 2. MANJAPRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANJAPRA P.O., MANJAPRA. W.A.No.1683 of 2008 - 2 - 3. THE VICAR, ST. SEBASTIAN'S CHURCH, SEBIPURAM, MANJAPRA. 4. KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM, REP. BY SENIOR ENVIRONMENTAL ENGINEER, ERNAKULAM. 5. DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM. R1 & R5 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R2 BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN.G. & SRI.MANU V. R3 BY ADV.SRI.V.M.KURIAN, SRI.MATHEW B.KURIAN & SRI.K.T.THOMAS R4 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1683 of 2008 ---------------------------------------------- Dated, this the 15th day of September, 2008 JUDGMENT H.L.Dattu,C.J. Sri.Govindh K.Bharathan, learned Senior Counsel appearing for the appellants, on instructions, would submit, that, for the present, he would withdraw the Writ Appeal filed against the orders passed by the learned Single Judge in W.P.(C).No.17576 of 2008 dated 15.07.2008. 2. The prayer sought for is granted. Accordingly, the Writ Appeal is disposed of as withdrawn. 3. Liberty is reserved to the appellants, if they so desire, to question the correctness or otherwise of the orders passed by the District Collector, Ernakulam dated 2nd September, 2008 in a separate petition before this Court. 4. All the contentions of both the parties are left open. 5. In view of the orders passed in the Writ Appeal, all pending interlocutory applications are closed. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge