IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 29511 of 2008(L) -------------------------- PETITIONER(S): --------------- CHEERANS MAYURA INDUSTRIES, 1/73, POOMKUNNAM-PO, TRICHUR, REP. BY THE GENERAL MANAGER MEJO PAUL. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. KERALA STATE POLLUTION CONTROL BOARD, REP. BY THE MEMBER SECRETARY, THIRUVANANTHAPURAM. 2. CHAIRMAN, KERALA STATE POLLUTION CONTROL ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29511/2008 -------------------- Dated this the 20th day of October, 2008 JUDGMENT Challenge in the writ petition is against Ext.P14 order, which is one seen to have been passed by the Chairman of the Pollution Control Board. Essentially, the Chairman was only reiterating the stand taken by the Board in this regard and therefore, Ext.P14 also may be treated as an order passed by the Board itself, contends the learned Standing Counsel for the Pollution Control Board. It is further pointed out by the counsel for the Board that the order is therefore, appealable before the Appellate Authority under the Air and Water Pollution Act. Submission is recorded. In the circumstances, if the petitioner files an appeal against Ext.P14 within three weeks from today, the Appellate Authority under the Act shall consider the same as having been filed within time. The Appellate Authority shall also treat the appeal as maintainable. It will not be open to the Pollution W.P.(C).29511/2008 2 Control Board to raise a contention as regards the maintainability of the appeal. Orders shall be passed by the Appellate Authority without delay. Other contentions of the petitioner are left open. Writ petition is disposed of as above. V.GIRI, Judge mrcs