IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 27734 of 2008(B) -------------------------- PETITIONER: ----------------- K.P.ANILKUMAR MANAGING PARTNER, GOPIKA DAIRY FARMS KONGORPPILLY 683 525. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT TRIVANDRUM. 2. THE MEMBER SECRETARY KERALA STATE POLLUTION CONTROL BOARD PATTOM P.O.,TRIVANDRUM. 3. CHIEF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, GANDHINAGAR, KOCHI. 4. THE SECRETARY ALANGAD GRAMA PANCHAYAT, NEERIKODE, ALUVA. BY GOVT. PLEADER SMT. SUDHADEVI ADV. SRI. M.K. CHANDRA MOHANDAS SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm V.GIRI,J. ------------------------- W.P ( C) No.27734 of 2008 -------------------------- Dated this the 18th September, 2008 J U D G M E N T Essential challenge in the writ petition is against Exhibit-P7, which is only a show cause notice prior to a closure order under Section 33A of the Water (Prevention and Control of Pollution) Act,1974. I find that though there is no substantive prayer in the writ petition seeking to set aside Exhibit-P, the interim relief sought for by the petitioner is in relation to Exhibit-P7. The averments in the writ petition also relate to Exhibit-P7. Petitioner is entitled to file objections to Exhibit-P7 and obviously the petitioner will be heard by the Pollution Control Board on such objections before taking any action under Section 33A of the Water (Prevention and Control of Pollution) Act,1974. As regards the pendency of the application for renewal of consent stated to have been submitted by the petitioner and pending as Exhibit-P6, the Board shall consider the same in accordance with law and take appropriate decision thereon, without delay. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma 2 3 (V.GIRI,JUDGE) ma 4 5