IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 RP.No. 417 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12111/2010 Dated 30/03/2011 .................... REVIEW PETITIONER(S): RESPONDENT ----------------------------------------------------------- KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,KRISHNA LEELA TOWERS, KOLLAM(REP. AS DULY AUTHORISED BY ) SMT.MYTHILI,CHIEF ENVIRONMENTAL ENGINEER,REGIONAL OFFICE,KOCHI. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD RESPONDENT(S): PETITIONERS 1,2,3 -------------------------------------------------------- 1. SHAMMY THILAKAN,AGED 43 YEARS, S/O.SURENDRANATH THILAKAN,R/AT PALAPURAM AT JNRA-3,OPPOSITE TO SN WOMEN'S COLLEGE KOLLAM.PIN- 691 001. 2. NAZARETH MANUAL,AGED 70,S/O.LATE MANUAL, R/AT JNRA 1,SIMA HOUSE,OPP.S.N.WOMEN'S COLLEGE KOLLAM.PIN- 691 001. 3. PROF.T.N.RAVINDRAN,AGED 64, JNRA 5,SHA DALE, OPP.S.N.WOMEN'S COLLEGE KOLLAM .PIN- 691 001. 4. STATE OF KERALA,REP.BY THE SECRETARY, DEPT. OF LOCAL SELF GOVERNMENT, GOVERNMENT , SECRETARIAT,THIRUVANANTHAPURAM.PIN- 695 001. 5. THE CORPORATION OF KOLLAM, REP.BY ITS SECRETARY, KOLLAM.PIN-695 001 6. THE DIST.MEDICAL OFFICER, KOLLAM.PIN- 691 001 7. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM .PIN-691 001. 8. SREEKUMAR,MANAGING DIRECTOR, MANI'S FAMILY COURT, OPP.SN WOMEN'S COLLEGE, KOLLAM.PIN- 691 001. R4, R6 & R7 BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts R.P.NO.417/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1: COPY OF THE JUDGMENT DATED 30/03/2011 PASSED IN WP(C) NO.12111/2010. ANNEX 11: COPY OF THE LETTER NO.PCB/HO/KLM/COMP/3258/2011 DATED 27/4/2011 ADDRESSED TO S.K.KHANDURI IFS AND SRI T.BABURAJ. ANNEX III: COPY OF THE LETTER NO.PCB/HO/KLM/COMP/3258/2011 DATED 27/4/2011 TO 8TH RESPONDENT. ANNEX IV: COPY OF THE RULE 3 OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY RULES 1999. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.N.Ramachandran Nair & Bhabani Prasad Ray, JJ. ==================================== R.P.417/2011 in W.P.(C)No.12111/2010 ==================================== Dated this the 21st day of June, 2011. ORDER Ramachandran Nair, J. Review petition is filed by the Pollution Control Board for reviewing the judgment wherein this Court permitted the Additional Secretary to Government, Department of Law, holding charge of Law Secretary to act as Chairman of the Appellate Committee to decide the appeal filed by the building owner. Law Secretary is the ex-officio Chairman of the Appellate Committee by virtue of the fact that he is a District & Sessions Judge on deputation. The review petitioner pointed out that the Additional Secretary holding charge of Law Secretary is not a judicial officer but a promoted officer from the Secretariat service. We find force in this contention because, rules permit only a judicial officer of the rank of District & Sessions Judge to chair the Appellate Committee. Government Pleader submitted that the process of appointment of Law Secretary is in progress and shortly Law Secretary will be appointed and at the R.P.417/2011 in W.P.(C)No.12111/2010 -:2:- earliest he can convene the Appellate Committee meeting. Considering the nature of the dispute and the restrictions imposed by the Pollution Control Board for the building owner to run the same, we do not think there is any justification for delaying the disposal of the appeal. We, therefore, direct the Principal District & Sessions Judge to chair the Appellate Committee for deciding the appeal. The Chairman of the Pollution Control Board will produce a copy of this judgment to the Principal District & Sessions Judge, Thiruvananthapuram and brief him and furnish him all the appellate papers and fix the date convenient to him for disposal of the appeal, without delay. We make it clear that the above arrangement is only to dispose of the appeal referred herein and as and when the Law Secretary takes over, he will chair the Appellate Committee. Review petition is disposed of as above. C.N.Ramachandran Nair, Judge. Bhabani Prasad Ray, Judge. sl.