IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27196 of 2011(Y) --------------------------------------- PETITIONER(S): ---------------------- MARY JOSE, AGED 45 YEARS, W/O.JOSE, KUNNUMPURATH HOUSE, MARIKA P.O., PALAKKUZHA, ERNAKULAM DISTRICT-686 662. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S): -------------------------- 1. MELVIN GEORGE, W/O.GEORGE,PROPRIETRESS, M/S.THOMSON DESIGNER TITLES, MARIKA P.O., PALAKKUZHA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. PIN-686 662. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER, GANDHI NAGAR, ERNAKULAM-682 020. 3. THE AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY, POOJAPPURA, TRIVANDRUM-685 001. BY ADV. SRI.M.K.C.DAS, SC FOR PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.27196/2011 APPENDIX PETITIONER(S) EXHIBITS P1:-A TRUE COPY OF THE LICENCE DATED 22/6/2010 ISSUED BY THE POLLUTION CONTOROL BOARD,ERNAKULAM IN FAVOUR OF THE 1ST RESPONDENT. P2:-A TRUE COPY OF THE JUDGMENT DATED 18/7/2011 IN WPC NO.861/2011 OF THIS COURT. P3:-A TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY. P4:-A TRUE COPY OF THE DELAY PETITION FILED BY THE PETITIONER AND OTHERS IN EXHIBIT P3. APPEAL. P5:-A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER AND OTHERS IN EXHIBIT P3 APPEAL. P6:-A TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER. P7:-A TRUE COPY OF THE CIRCULAR DATED 30/12/2010 ISSUED BY THE STATE POLLUTION CONTROL BOARD. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 27196 OF 2011 ===================== Dated this the 19th day of October, 2011 J U D G M E N T Aggrieved by Ext.P1 consent order issued in favour of the 1st respondent, petitioner has filed Ext.P3 appeal before the 3rd respondent. Along with the appeal, she has also filed Ext.P4 application for condoning the delay of 382 days in filing the appeal and Ext.P5 application for stay of Ext.P1. Neither the appeal nor the application for condonation of delay has been considered and that led the petitioner to file this writ petition. 2. The appeal has been filed under Section 31 of AIR (Prevention and Control of Pollution) Act. As there is a delay of more than 382 days, petitioner has also sought condonation by filing an application as provided in the proviso to Section 31(1). 3. In view of the pendency of the above, without expressing anything on the merits, the writ petition is disposed of directing that the 3rd respondent will consider Ext.P4 with notice to the parties and as expeditiously as possible. Depending upon the orders to be passed on Ext.P4, 3rd respondent will consider Ext.P3 appeal, and if there is delay, Ext.P5 stay petition filed by WPC No. 27196/11 :2 : the petitioner shall also be considered. Petitioner to produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp