IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16617 of 2011(B) -------------------------- PETITIONER: --------------- RAJESH P.R, S/O.RAJAN POTTEKKAT HOUSE, KOZHUKULLY PO, THRISSUR DISTRICT BY ADV. MR. G.HARIHARAN MR. PRAVEEN.H. RESPONDENTS: --------------- KERALA STATE POLLUTION CONTROL BOARD POONKUNNAM PO, THRISSUR 680 002, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER. BY STANDING COUNSEL MR. M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 16617 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE APPLICATION DATED 10.08.2009 FILED BY THE PETITIONER BEFORE THE RESPONDENT. EXT. P2 : TRUE COPY OF THE COMMUNICATION DATED 12.11.2010 ISSUED BY THE RESPONDENT. EXT. P3 : TRUE COPY OF THE JUDGMENT MADE IN W.P(C) 35360 OF 2010 DATED 25.11.2010 EXT. P4 : TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO THE RESPONDENT ON 08.12.2010 EXT. P5 : TRUE COPY OF THE ORDER DATED 24.03.2011 SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONER. EXT. P6 : TRUE COPY OF THE ONE SUCH LICENCE ISSUED TO M/S FRIENDS SAND NADKKUNNU, PERAMBRA KODAKARA, THRISSUR DISTRICT ON 22.02.2010 EXT.P7 : TRUE COPY OF ANOTHER LICENCE ISSUED TO M/S MAR BASIL SAND INDUSTRIES, THALAKODE, ERNAKULAM DISTRICT ON 21.01.2010 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 16617 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st June , 2011 JUDGMENT The petitioner is stated as aggrieved of Ext. P5 order dated 24.03.2011, whereby the respondent has refused to grant consent to operate the petitioner's unit. 2. Heard the learned Standing Counsel appearing for the respondent Board, who brought it to the notice of this Court that, the petitioner is having alternate remedy as provided under the Statute itself. 3. In the above circumstances, this Court does not propose to exercise the discretionary jurisdiction available under Article 226 of the Constitution of India. Interference is declined. The Writ Petition is dismissed without prejudice to the rights and liberties of the petitioner to pursue the alternate remedy in accordance with law. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd