IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WA.No. 2795 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.14179/2008 Dated 05/10/2009 .................... APPELLANT/PETITIONER ------------------------------------ BINDU GEORGE, D/O.LATE M.D.GEORGE, ROSE COTTAGE, MARAMPILLY P.O. ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS/RESPONDENTS --------------------------------------------- 1. KEEZHMAD GRAMA PANCHAYATH AWAYE, ERNAKUAL DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE POLLUTION CONTROL BOARD, REPRESENTED BY THE CHIEF ENVIRONMENT ENGINEER, OFFICE OF THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, GANDHI NAGAR, KOCHI. 3. KADAVIL ENTERPRISES, CHALAKIL MARAMPILLY ALWAYE, REPRESENTED BY ITS MANAGING PARTNER, KADAVIL PACO. 4. KADAVIL PACO, CHALAKIL, MARAMPILLY, ALWAYE. 5. GAFOOR, S/O.KADAVIL PACO, CHALAKIL, MARAMPILLY, ALWAYE. 6. SIDDIQUE, S/O.KADAVIL PACO, CHALAKIL, MARAMPILLY, ALWAYE. 7. THE DISTRICT COLLECTOR, CIVIL STATION BUILDING, KAKKANAD, ERNAKULAM. 8. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION - VAZHAKULAM. R1 BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU FOR R1 R2 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS R3 TO R6 BY ADV.SRI.DINESH R.SHENOY R7 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2795 of 2009 ------------------------------------------ Dated this the 23rd day of December, 2009 JUDGMENT A.K.Basheer, J. This writ appeal is directed against the judgment in W.P.(C) No.14179 of 2008. While disposing of the writ petition along with another connected writ petition, the learned Single Judge observed that the operator of the unit, namely the petitioner in W.P.(C) No.7197 of 2009 will be at liberty to proceed on the basis of the consent given by the Kerala State Pollution Control Board and to operate the unit. The learned Judge went on to observe further that the appellant will be at liberty to pursue the matter further to redress his grievance, if he is aggrieved by the decision of the appellate authority. 2. The apprehension of the appellant is that the first observation made by the learned Single Judge may preclude him from seeking any further remedy in the matter. We do not think W.A.No.2795 of 2009. - 2 - so. We make it clear that the authority whichever may deal with the issue may do so uninfluenced by any of the observations made by the learned Single Judge in the impugned judgment. The writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns