IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 W.A.No. 203 of 2008 ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32369/2007 Dated 19/12/2007 .................... APPELLANTS/PETITIONERS: ---------------------- 1. V.P.DEVASSIKUTTY, AGED 63 YEARS, S/O.PAULOSE, RESIDING AT VADAKKUMCHERRY HOUSE, AYYAMBUZHA P.O., KOLLAMKODU - MANJANA, ERNAKULAM DISTRICT - 683 581. 2. M.V.ANTONY, S/O.VARKEY, AGED 55 YEARS, MOONJEYI HOUSE, AYYAMBUZHA P.O. KOLLAMKODU - MANJANA, ERNAKULAM DISTRICT - 683 581. 3. JOSEPH JOHN, S/O.JOHN, AGED 40 YEARS, AANI THOTTATHIL HOUSE, AYYAMBUZHA P.O. KOLLAMKODU - MANJANA, ERNAKULAM DISTRICT - 683 581 4. THILAKAN T.N., S/O.NARAYANAN, AGED 47 YEARS, THARANILATHU HOUSE, KALADY PLANTATION P.O KALLAYA ESTATE DIVISION A, PIN CODE 683 583. 5. SHAJU C.K., S/O.KOCHHAPPU, AGED 36 YEARS, CHOKKY HOUSE, KALADY PLANTATION P.O. KALLAYA ESTATE DIVISION A, PIN CODE 683 583. 6. P.E.SEBASTIAN, S/O.ESTHAPPAN, AGED 37 YEARS, PAYYAPPILLY HOUSE, KALADY PLANTATION P.O KALLAYA ESTATE DIVISION A, PIN CODE 683 583. 7. JOLLY T.P. S/O.PAULOSE, AGED 32 YEARS, THIRUNNANATHIL HOUSE, KALADY PLANTATION P.O. KALLAYA ESTATE DIVISION A, PIN CODE 683 583. 8. SURESH M.K., S/O.KUMARAN, AGED 32 YEARS, MANJALPARAMBIL HOUSE, KALADY PLANTATION P.O. KALLAYA ESTATE DIVISION A, PIN CODE 683 583. 9. KURIYAPPAN C.O., S/O.OUSEPH, AGED 59 YEARS, CHIRAMEL HOUSE, KALADY PLANTATION P.O. KALLAYA ESTATE DIVISION A, PIN CODE 683 583. BY ADV. SRI.K.RAMAKUMAR (SR. ADVOCATE), RESPONDENTS/RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM - 4, REPRESENTED BY ITS MEMBER SECRETARY. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE AYYAMBUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 5. M/S.SOMA ENTERPRISES PVT.LTD "ROHINI", ANJUMANA TEMPLE ROAD, EDAPPALLY BYPASS, KOCHI - 682 024, REPRESENTED BY ITS MANAGING DIRECTOR. R1 AND R3 BY SR. G.P. SMT. K. MEERA R2 BY ADV. SHRI M.K.CHANDRAMOHAN DAS, STANDING COUNSEL R4 BY ADVOCATE SHRI WILSON URUMESE R5 BY SHRI K.P.DANDAPANI, SENIOR ADVOCATE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- Writ Appeal No. 203 of 2008 --------------------------------------- Dated this the 22nd day of January, 2008 Judgment Koshy,J. This appeal is filed against the interim order passed by the learned single Judge. The interim order includes a trial run in the proposed metal crusher unit. Counsel for the appellant submitted that the machinery has not installed so far and building permit itself was refused and, therefore, a trial run is not possible. According to the appellant, it is now impossible to carry out the directions in the interim order. In the above circumstances, we direct the parties to approach the learned single Judge for disposal of the writ petition itself. The writ appeal is disposed of accordingly. J.B.Koshy Judge K. Hema Judge vaa W.A.No. 203/2008 2 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- Writ Appeal No. 203 of 2008 ------------------------------------- Judgment Dated:22nd January, 2008