IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10865 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- PAUL VARGHESE,PROPRIETOR,PULLAN GRANITES AARAKA PULLAN HOUSE,NEDUNGAPRA.P.O,KURUPPAMPADY, PIN-6895545. BY ADVS. SRI.LEGY ABRAHAM SMT.V.V.RISANI RESPONDENT(S): --------------------- 1. THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, GANDHI NAGAR,ERNAKULAM-682020. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN,HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 3. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF INDUSTRIES, GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695001. R1 & R2 BY ADV. SRI.M.K.CHANDRAMOHANDAS, SC., PCB. R3 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. ANTONY DOMINIC, J. ================ W.P.(C) NO. 10865 OF 2011 ===================== Dated this the 5th day of April, 2011 J U D G M E N T Refusal of consent sought for by the petitioner as per Ext.P5 order is what is under challenge in this writ petition. 2. As rightly pointed out by the learned standing counsel appearing for the respondent, Ext.P5 is an order appealable under Section 28 of the Water (Prevention & Control of Pollution) Act and Section 3 of AIR (Prevention and Control of Pollution) Act. Having regard to the availability of effective alternate remedy to the petitioner, it is not necessary for this Court to entertain the writ petition. Therefore, the writ petition is dismissed. However, it is directed that if the petitioner files an appeal against Ext.P5 before the appellate authority within 4 weeks from today, the appellate authority shall entertain the appeal and deal with the same on merits. ANTONY DOMINIC, JUDGE Rp