IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WA.No. 90 of 2008() ------------------- AGAINST THE JUDGEMENT IN WPC.33491/2007 Dated 29/11/2007 .................... APPELLANTS/PETITIONERS: --------------------------------- 1. ALOYSIUS.C.ANTONY, S/O.ANTONY, PANAPARAMBIL, PANDANKERI P.O., EDATHUVA, ALAPPUZHA DISTRICT. 2. JOSE JOSEPH, S/O.JOSEPH, PONNADAMPACKAL, KATTUKARA, THIRUVALLA P.O. 3. GEETHA JOSE, W/O.JOSE JOSEPH, KATTUKARA, THIRUVALLA P.O. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS/RESPONDENTS: ------------------------------------ 1. STATE OF KERALA REP. BY ITS SECRETARY REVENUE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. TAHSILDAR, MALLAPPILLY TALUK, TALUK OFFICE, MALLAPILLY. 4. DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 5. KERALA STATE POLLUTION CONTROL BOARD, BY ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, PATHANATHITTA. W.A.No.90/2008 :2: 6. KALLUPARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KALLUPARA P.O., PATHANAMTHITTA DIST. 7. THE SECRETARY, KALLUPPARA GRAMA PANCHAYATH, KALLUPARA P.O., PATHANAMTHITTA DIST. 8. GIGI JOHN, MANNIL HOUSE, PARIYARAN P.O., MALLAPPALLY WEST. 9. VARGHESE SCARIA, THANNICKAL HOUSE, PARIYARAM P.O., MALLAPPALLY WEST. 10. MOLLY JAMES, SAJU SADAN, PARIYARAM P.O., MALLAPPALLY WEST. BY SR. GOVERNMENT PLEADER SMT.K.MEERA ADV. SMT.K.K.THULASY BHAI, SC-POLLUTION CONTROL BOARD THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------- W.A.NO.90 OF 2008 () ----------------------------------- Dated this the 15th day of January, 2008 J U D G M E N T KOSHY,J. Petitioner is challenging Ext.P6 order of the Pollution Control Board. It is contended that the Pollution Control Board has passed the order without hearing the petitioner and it is also contended that Pollution Control Board has got no jurisdiction to interfere in the removal of red earth. The Pollution Control Board also relied on Ext.P4 report of the 4th respondent. According to the claimant, that is also not correct. The learned counsel for the respondents submitted that there is also a Panchayat order prohibiting removal of earth as it will cause environmental problems. In the above circumstances, we direct the Pollution Control Board to hear the petitioner, Panchayat and all the aggrieved parties concerned and pass fresh orders. Question of jurisdiction also can be W.A.90/08 2 argued before the Pollution Control Board. Until fresh orders are passed, petitioner shall not remove the earth. With the above observations this appeal is disposed of. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008