IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 27159 of 2006(G) --------------------------------------- PETITIONER: ------------------- PAUL VARGHESE, S/O.LATE VARGHESE, MANAGING PARTNER, M/S.CEMENT BRICKS & ALLIED INDUSTRIES, PATTIMATTOM, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.A.KUMARI MINI RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM. 3. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM. 4. THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS SECRETARY, OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD THIRUVANANTHAPURAM. ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R2 SRI.BABU JOSEPH KURUVATHAZHA, SC BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27159/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CONSENT NO.PCB/A/F/291/97 DT. 12.6.97 ISSUED BY THE BOARD. EXT.P2:- COPY OF THE CONSENT RENEWAL ORDER NO.PCB/A/R2/291/02 DT. 31.12.02 ISSUED BY THE 3RD RESPONDENT. EXT.P3:- COPY OF THE REPRESENTATION DT. 7.2.05 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 18.3.05. EXT.P4(a):- COPY OF THE DEMAND DRAFT DT. 18.3.05 ISSUED FOR AN AMOUNT OF RS. 12,500/-. EXT.P5:- COPY OF THE REPRESENTATION DT. 12.9.05 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P5(a):- COPY OF THE JUDGMENT IN WP(C) NO.33358/05 DT. 19.12.05 OF THIS HONOURABLE COURT. EXT.P6:- COPY OF THE ORDER NO.PCB/EKM/A/DO/1/06 DT. 24.1.06 PASSED BY THE 2ND RESPONDENT. EXT.P7:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT. 8.2.06. EXT.P8:- COPY OF THE JUDGMENT DT. 24.3.06 IN WP(C). NO.7707/06 OF THIS HONOURABLE COURT. EXT.P9:- COPY OF THE ORDER DT. 28.4.06 IN WP(C). NO11338/06 OF THIS HONOURABLE COURT. EXT.P10:- COPY OF THE ORDER NO.PCB/EKM/L/80/06 DT. 2.8.06 ISSUED BY THE 4TH RESPONDENT. EXT.P11:- COPY OF THE JUDGMENT DT. 14.8.06 IN W.A. NO.880/06 IN W.A. NO.880/06 OF THIS HONOURABLE COURT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.27159 of 2006 ----------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT The writ petition is filed with the following prayer:- i. issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P6 and P10 orders of the 2nd and 4th respondents. Petitioner is aggrieved by Exts.P6 and P10 orders passed by the 2nd and 4th respondents respectively. The contention of the petitioner mainly is that Ext.P7 statutory appeal is not disposed of in accordance with law. A perusal of Ext.P10 would disclose that there is no advertance to the contentions taken by the petitioner. Being a statutory appeal the appellate authority should have considered the same on merits and passed a speaking order. There will be a direction to the appellate authority to consider the appeal afresh and pass a proper order with notice to the petitioner and other affected parties expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.27159 of 2006 ----------------------------------- JUDGMENT 8th August, 2008