IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 11663 of 2010(G) --------------------------------------- PETITIONERS: --------------------- 1. YAKOOBU, SON OF KUNJUMOHAMMED, AGED 35 YEARS, KALATHINAL MUNDETH HOUSE, CHELAKKULAM, VENGOLA POST, KUNNATHUNADU, ERNAKULAM. 2. HASSAN, SON OF MOHAMMED, AGED 50 YEARS, THUTHUPPILLI HOUSE, CHELAKKULAM, VENGOLA POST, KUNNATHUNADU, ERNAKULAM. 3. MOHAMMED SHAFI, SON OF BEERAVU, AGED 26 YEARS, THUTHUPPILLI HOUSE, CHELAKKULAM, VENGOLA POST, KUNNATHUNADU, ERNAKULAM. 4. RAJESH KUMAR, SON OF GOVINDA PANICKER AGED 40 YEARS, NEDIYAPPILLI HOUSE, CHELAKKULAM, VENGOLA POST, KUNNATHUNADU, ERNAKULAM. BY ADVS. SRI.DENIZEN KOMATH, SRI.SHERRY J. THOMAS. RESPONDENTS: ------------------------ 1. ASHKAR, PROPRIETOR, M/S.ADHARSHU PLY & BOARDS, CHELAKKULAM, KAVUNGAL PARAMBU, VENGOLA POST, KUNNATHUNADU, ENRAKULAM. 2. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 3. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM-682 020, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER. W.P.(C). NO.11663/2010-G: 4. KIZHAKKAMBALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM, ERNAKULAM. R1 BY ADV. SRI.C.A.NAVAS, R2 BY GOVERNMENT PLEADER SRI. T.K. ARAVINDKUMAR BABU, R3 BY ADV. SRI.M.K.CHANDRA MOHANDAS,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11663/2010-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GRIEVANCE TABLED BY A FEW AMONG THOSE RESIDENTS OF THE AREA DTD. 16/11/2009. EXT.P.2: COPY OF THE REPRESENTATION PREFERRED BY THE RESIDENTS OF THE AREA BEFORE THE MINISTER FOR ENVIRONEMTN AND FORESTS, STATE OF KERALA. EXT.P.3: COPY OF THE CONSENT APPLICATION PREFERRED UNDER THE AIR ACT BY THE R.1. EXT.P.4: COPY OF THE REPLY GIVEN BY THE R.3. UNDER THE RIGHT TO INFORMATION ACT DTD. 21/01/2010. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE S S I REGISTRATION DTD. 09/12/2009. EXT.R1.B: COPY OF THE APPLICATION SUBMITTED BY THE R.1. DTD. NIL. EXT.R1.C: COPY OF THE APPLICATION DTD. 24/11/2009. EXT.R1.D: CO, NOTICE FOR ENQUIRY NO: PCB/EKM/1AE-06/2010 DTD. 23/04/2010. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 11663 of 2010 G ``````````````````````````````````````````````````````` Dated this the 24th day of November, 2010 J U D G M E N T Petitioners approached this Court apprehending that a consent order will be issued to the first respondent, without conducting any enquiry in the manner as provided in the Air (Prevention and Control of Pollution) Act, 1981. It has now come out that during the pendency of the writ petition, consent order was issued on 09-11-2010. 2. Now that the consent order has been issued, the course open to the petitioners is to seek the statutory remedies provided. Therefore, with that liberty, this writ petition is closed. (ANTONY DOMINIC, JUDGE) aks