IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 RP.No. 305 of 2009(S) --------------------- AGAINST THE JUDGMENT IN WPC No.10897 OF 2008 DATED 19/02/09 REVIEW PETITIONER/PETITIONER: ------------------------------------- PUBLIC INTERSET FROUM, REGN.NO.564/2000 REPRESENTED BY ITS SECRETARY SRI V.K. VENKITACHALAM,T.C.35/571,KUNNATHU LANE, THRISSUR. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS/RESPONDENTS IN WPC: ------------------------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, C2,KENDRIYA BHAVANAM, KOCHI-682037. 3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, POONKUNNAM P.O. THRISSUR -680002. 4. PANTHALLUR TEMPLE POORAM (FIREWORKS) COMMITTEE,H.M.C. CHOWANNUR, THRISSUR DISTRICT, PIN-680589,REPRESENTED BY ITS SECRETARY. 5. SREE RUDHIRAMAHAKALIKKAVU, PPRAM CENTRAL CO-OPERATION COMMITTEE, WADAKKANCHERRY, THRISSUR DISTRICT, PIN-680589,REPRESENTED BY ITS CHIEFR CO-ORDINATOR. 6. THIRUVAMBADY DEVASWOM, THRISSUR, REPRESENTED BY ITS SECRETARY SRI.C.VIJAYAN. RP No.305/09 7. PARAMEKKAVU DEVASWOM, THRISSUR, REPRESENTED BY ITS SECRETARY, SRI.K.NARAYANANKUTTY 8. CHINAKKATHUR POORAM CO-ORDINATION COMMITTEE,MANGALAM P.O. LAKKIDI, OTTAPALAM, REPRESENTED BY ITS CONVENOR. 9. PRESIDENT, KANNAMBRA DESOM VELA COMMITTEE, SREE KURUMBA BAGAVATHI TEMPLE VELA COMMITTEE, KANNAMBRA,ALATHUR,PALAKKAD DISTRICT. 10. ASSOCIATION OF FESTIVAL DISPLAY FIREWORKS COMMITTEE OF RELIGIOUS INSTITUTIONS IN KERALA, REG.NO.265/2008,PARAMEKKAVU DEVASWOM BUILDING,ROUND EAST, THRISSUR-680001,REP.BY ITS SECRETARY,PROF.M.MADHAVANKUTTY. 11. ERNAKULAM SHIVA KSHETHRA KSHEMA SAMITHI, (REG.NO.250/84) DEVASWOM BUILDING, KOCHI-682011. REPRESENTED BY ITS SECRETARY,JANADRHANAN 12. PARAKKOTTUKAVU THALAPOLI CO-ORDINATION COMMITTEE, REPRESENTED BY ITS CHIEF CO-ORDINATOR S RI.R.KUMARADAS. 13. KAVASSERY POORAM CO-ORDINATION COMMITTEE,KAVASSERY,REPRESENTED BY ITS CONVENOR K.BALAKRISHNAN,AGED 56 YEARS,S/O.LATE VISWANATHAN NAIR,RESIDING AT CHANDRIKA NIVAS, VADAKKEDTHARA,KAVASSERRY P.O.,PALAKKAD DIST. R1 & R2 BY SR. GOVT. PLEADER, SMT. K. MEERA. R3 BY ADV. SRI. M.K. CHANDRAMOHAN DAS, SC, PCB. R4, R5 & R8 BY ADV. SRI. V.M. SYAM KUMAR R6, R7 & R10 BY ADV. SRI.N.K. SUBRAMANIAN R9 BY ADV. SRI.JOHNSON P. JOHN R11 BY ADV. SRI.S.ANANTHAKRISHANAN. BY ADV.SRI.K. RAMAKURAR, SENIOR ADVOCATE. BY ADV. SRI.T.RAMAPRASAD UNNI. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R.Bannurmath, C.J. & V.Giri, J. ------------------------------------------ R.P.No.305 of 2009 in W.P.(C) No.10897 of 2008 ------------------------------------------ Dated, this the 3rd day of April, 2009 ORDER S.R.Bannurmath, C.J. Based on the apex Court judgment, the writ petition was disposed of directing the concerned authorities and the State to strictly enforce the Noise Pollution (Regulation and Control) Rules, 2000. The grievance of the review petitioner in his own words are as follows: “Honourable Supreme Court has rendered Exhibit R1 order on the assumption that no classification has been done and without considering the effect of Exhibit P10. Therefore the Exhibit R1 order rendered by the Hon'ble Supreme Court has no binding force at this juncture. Judgment in so far as it directs the implementation of Exhibit R1 is an error apparent on the face of the record.” 2. It appears from this ground that the review petitioner is aggrieved by the order of the apex Court. If that is so, the review R.P.No.305 of 2009 - 2 - petition is not the remedy and the review petitioner has to take appropriate steps to move a petition challenging the said order or for reconsideration of it in the apex Court itself. Hence, we find no merit in the review petition and it stands dismissed. S.R.Bannurmath, Chief Justice V.Giri, Judge vns