IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 7178 of 2006(D) ------------------------------------ PETITIONER(S): ------------------------ PATINHARE VARIETH NARAYANA WARIER, S/O. KUNHUNNI WARRIER, AGED 61 YEARS, PENSIONER, VANMUKAM AMSOM, CHINGAPURAM DESOM, KOYILANDY TALUK POST CHINGAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): ---------------------------- 1. ASSISTANT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE. 2. SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONROL BOARD, DISTRICT OFFICE, KOZHIKODE. 3. THE APPELLATE AUTHORITY, AIR (PROTECTION AND CONTROL OF POLLUTIOIN) ACT, THIRUVANANTHAPURAM. 4. KALLERI K.BALAN, S/O. KUNHIKANNAN, PENSIONER, AGED 53 YEARS, PURAKKAD AMSOM, KOZHIPPURAM DESOM, KOYILANDY TALUK,KOZHIKODE DIST. ADV. SRI.CHITTAYAM R.SATHISH KUMAR,SC, P.C.B FOR R1 TO 3 SRI.N.L.KRISHNAMOORTHY FOR R4 SRI.K.LAKSHMINARAYANAN FOR R4 SMT.SATHYA SHREEPRIYA FOR R4 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7178/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT IN OS. NO.79/04 ON THE FILE OF THE MUNSIFF, PAYYOLI DT. 31.10.05. P2:- COPY OF THE REPORT BY THE IST RESPONDENT DT. 11.8.05 TO THE ADVOCATE- COMMISSIONER IN OS. NO.79/04 ON THE FILE OF THE MUNSIFF, PAYYOLI. P3:- COPY OF THE CONSENT BY THE 2ND RESPONDENT TO OPERATE THE FLOUR MILL BY THE 4TH RESPONDENT DT. 30.12.05. P4:- COPY OF THE APPEAL NO.1/06 BEFORE THE APPELLATE AUTHORITY CONSTITUTED UNDER SEC. 31(1) OF AIR (PROTECTION AND CONTROL OF POLLUTION) ACT, THIRUVANANTHAPURAM BY THE WRIT PETITIONER. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE PROCEEDINGS DT. 16.9.04. ISSUED BY DISTRICT MEDICAL OFFICER , KOZHIKODE. R4(b):- COPY OF THE LICENCE FOR THE YEAR 05-06. R4(c):- COPY OF THE ORIGINAL REPORT DT. 11.8.05 ISSUED BY THE ASSISTANT ENVIRONMENTAL ENGINEER. R4(d):- COPY OF THE REPORT DT. 3.4.06 ISSUED BY THE ASSISTANT ENVIRONMENTAL ENGINEER. R4(e):- COPY OF THE LICENSE RENEWED BY THE PANCHAYAT FOR 06-07. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7178 of 2006 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P3 order passed by the second respondent. It is submitted that Ext.P4 appeal is now pending before the 3rd respondent. There will be a direction to the 3rd respondent to pass appropriate orders in accordance with law on Ext.P4 appeal, with notice to the petitioner and the 4th respondent, expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7178 of 2006 ----------------------------------- JUDGMENT 29th October, 2008