IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10881 of 2008(U) -------------------------- PETITIONER: ------------ MATHAI, S/O.SCARIA, AGED 71 YEARS, PUTHUPADY HOUSE, PARINGOLE KOLENCHERRY. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY (LOCAL SELF GOVERNMENT), GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE APPEAL COMMITTEE, THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 3. THE MEMBER SECRETARY, THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 4. THE POLLUTION CONTROL BOARD, ERNAKULAM. 5. POOTHRIKKA PANCHAYAT, POOTHRIKKA, NEAR KOLENCHERRY.REPRESENTED BY ITS SECRETARY. 6. M/S.VIJAY CONSTRUCTIONS, MAIKULANGARA, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER M.P.ITOOP. R1 BY GOVERNMENT PLEADER SRI I.V.PRAMOD R2 TO 4 BY STANDING COUNSEL SMT. K.K.THULASI BHAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 10881 of 2008 ------------------------------------- Dated: MARCH 31, 2008 JUDGMENT This writ petition is filed in view of Ext.P6 order of consent that has been issued by the Kerala State Pollution Control Board in favour of the 6th respondent for the establishment and operation of a bitumen mixing plant. 2. Ext.P6 common order is an appealable order and rightly, the petitioner has pursued the appellate remedy by filing Ext.P7 before the 2nd respondent. Since the statutory appellate authority is seized of the matter as above, it is not necessary for this court to examine the merits of the contentions raised. 3. In view of this, the writ petition is disposed of directing that the 2nd respondent, the appellate committee, shall consider Ext.P7 appeal filed by the petitioner and pass orders thereon with notice to the petitioner and the affected parties. This shall be done as expeditiously as possible, at any rate, within six weeks of WP(C) 10881/08 Page numbers production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-