IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WA.No. 905 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11235/2010 Dated 31/03/2010 .................... APPELLANT/ PETITIONER ------------------------ JEYAPRASAD.S.D., CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, PATTOM, THIRUVANANTHAPURAM-695004. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF ENVIRONMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPT. OF ENVIRONMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. T.B.RAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- W.A No. 905 OF 2010 -------------------------- Dated this the 4th day of June, 2010 J U D G M E N T Ramachandran Nair, J. The appellant is presently the Chairman of the State Pollution Control Board. According to him, the statute entitles Chairman and other members of the board for a tenure of three years. Therefore the order under challenge is subsequent order issued by the Government after constitution of the board fixing the tenure of the Chairman as a period less than one year, i.e., up to 31.3.2010. The prayer in the writ petition is for a declaration of appellant's entitlement to continue for a period of three years. Even though learned Single Judge passed an interim order staying Ext.P6 for a period of two months, the learned Single Judge made an observation that appellant's appointment is for a period of one year and pendency of the writ petition will not stand in the way of the Government taking any appropriate action. If appellant's claim in the writ petition is upheld, then we see no justification for the Government to proceed with selection or appointment of another Chairman or members to the board for a period of three years during the tenure of the present board. On the other hand, if the appellant's claim is rejected by this Court then Government gets right to constitute fresh board with the Chairman. The stay order is not contested by the Government. Consequently the W.A.No.905/2010 2 appellant will be able to continue up to September, 2010. We therefore feel the observation made by the learned Single Judge leaving freedom to the respondents to take appropriate action in the matter is unnecessary. 2. We feel, a matter like this should not be kept pending and it should be disposed of urgently and in any case within two months before the end of one year stated in the appointment order issued by the Government to the appellant. We therefore modify the stay order deleting the observation but by retaining the stay as long as it is granted and extended by learned Single Judge with a direction to the learned Single Judge to dispose of the writ petition. It is for the State to file counter affidavit expeditiously to enable the learned Single Judge to dispose of the writ petition at an early date. The writ appeal is disposed of as above. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps W.A.No.905/2010 3 W.A.No.905/2010 4