IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 RP.No. 382 of 2010(S) --------------------- AGAINST THE JUDGEMENT IN WPC.14773/2009 Dated 18/12/2009 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- 1. MATHAI VARGHESE, AGED 68 YEARS, S/O.THE LATE SRI.THOMAS VARGHESE, KIZHAKKE VALIAPARAMBIL, KOZHENCHERRY.P.O, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 2. BABU P.VARGHESE, AGED 40 YEARS, S/O.THE LATE SRI.ABRAHAM VARGHESE, PURATHOTTU HOUSE, KOZHENCHERRY.P.O. BY ADV. SRI.S.V.RAJAN SRI.R.SUDHISH SMT.M.MANJU SMT.V.P.GEETHA KUMARY SMT.S.MANJU SRI.S.VINOD SRI.K.R.RANJITH RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. KOZHENCHERRY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOZHENCHERY.P.O, KOZHENCHERY, PATHANAMTHITTA DISTRICT. 3. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, PLAMOODU, THIRUVANANTHAPURAM. 4. THE ENVIORNMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA DISTRICT. R1 BY GOVT. PLEADER SRI.V.MANU R2 BY ADV.SRI.ABRAHAM MATHEW R3, R4 BY ADV.M.K.CHANDRAMOHAN DAS, S.C. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- R.P.No.382 OF 2010 IN W.P(C).No.14773 OF 2009 ------------------------------------------- Dated this the 7th day of June, 2010 O R D E R Thottathil B.Radhakrishnan, J. This is an application for review of a common judgment issued on 18.12.2009. The Bench was of the view that the Pollution Control Board is the authority which is required to consider the grant of consent. The PCB was directed to consider issuing of consent to operate the Bio-waste Treatment Plant in accordance with law, after giving opportunity to the petitioner also to represent his case. It was also clarified that if, after six months of starting the treatment plant, any health hazard effect is found, it is open to the PCB to take appropriate action. While the learned counsel for the petitioner says that in a connected matter, W.P(C).36005/08, disposed of as per the common judgment, there was an interim order dated 2.1.2009 regarding the submission of the PCB that in its opinion, the site chosen by the panchayat is not suitable for establishment of Bio- RP.382/10. 2 waste Treatment Plant and that the observation made by this Court in the second sentence in the second paragraph of the judgment sought to be reviewed may tend to give the seal of approval by this Court to the Commissioner's report, we do not see it so. However, taking into consideration the apprehension expressed, we clarify that whatever is stated in the judgment sought to be reviewed regarding the contents of the Advocate Commissioner's report would be taken as observations not binding on the PCB or any other official body or court while considering the question whether the Bio-waste Treatment Plant in the public stadium in Kozhencherry grama panchayat results in any health hazards, pollution or other objectionable situation and all issues are left open for the Pollution Control Board to decide. Subject to this clarification, this review petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.8/06.