IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 138 of 2008(N) ------------------------ PETITIONERS: --------------- 1. Y.HUSSAIN, S/O.KUINHIPOCKER, YOGIAN HOUSE, AGED 52 YEARS, ATHIPPATTA, EDAYOOR.P.O., VALANCHERI(VIA), MALAPPURAM DISTRICT 2. VELLADAN ABDUL NAZAR, S/O.MOHAMMED, BUILDING NO.E.P.II/210 B, ATHIPPATTA, EDAYOOR P.O., VALANCHERI (VIA), MALAPPURAM DIST. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM DIST. 2. THE SECRETARY, EDAYOOR GRAMA PANCHAYATH, EDAYOOR P.O., MALAPPURAM DIST. 3. THE DISTRICT MEDICAL OFFICER, MALAPPURAM DISTRICT, MANJERI P.O., MALAPPURAM DIST 4. THE VILLAGE OFFICER, EDAYOOR VILLAGE, EDAYOOR P.O., MALAPPURAM DIST. 5. THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KUNNUMMAL P.O., MALAPPURAM DISTRICT REPRESENTED BY ENVIRONMENTAL ENGINEER. 6. K.ABDUSAMAD, S/O.HASSAN HAJI, KALLAN HOUSE, RANDATHANI, MALAPPURAM DIST. BY ADV. SRI.A.SUDHI VASUDEVAN, SC POLLUTION C.B. GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 138 OF 2008 N ===================== Dated this the 4th day of January, 2008 J U D G M E N T Petitioners have filed this writ petition challenging Ext.P11 consent letter issued by the Kerala State Pollution Control Board under Section 25 of Water (Prevention & Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention & Control of Pollution) Act, 1981. It is now submitted by both sides that right of appeal is available to the petitioners under Section 28 of the Water Act. 2. In view of the statutory remedy of appeal that is available, I dispose of this writ petition leaving it open to the petitioners to pursue the appellate remedies. In so far as direction sought for requiring the 1st respondent to consider Ext.P12 representation is concerned, Ext.P12 being a non- statutory one, I am not inclined to issue such a direction. Similar is the case with Ext.P6 and hence no such directions are issued. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp