State Of Kerala vs K.S. Govindan Nair
2021 Latest Caselaw 19505 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Thursday, the 16th day of September 2021 / 25th Bhadra, 1943
                             WA NO. 101 OF 2021

   AGAINST JUDGMENT DATED 27/11/2020 IN WP(C) 19153/2020 OF THIS COURT.

                                   ---

APPELLANTS/RESPONDENT NOS.1 AND 2 IN WP(C):

1.STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY

  TO THE GOVERNMENT OF KERALA, ENVIRONMENTAL DEPARTMENT,

  GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

AND ANOTHER.

BY GOVERNMENT PLEADER


RESPONDENTS/PETITIONER AND RESPONDENT NOS.3 & 4 IN WP(C):


1.K.S.GOVINDAN NAIR,T.C.NO.19/1965,KRRA-19, KESHAVADEV ROAD,

 MUDAVANMUGAL,POOJAPURA,THIRUVANANTHAPURAM-695 012.

AND 2 OTHERS.

BY SRI.K.JAJU BABU, SENIOR ADVOCATE AND

ADVS.M.S.BRIJESH MOHAN & M.U.VIJAYALAKSHMI FOR R1.

SRI.T.NAVEEN, STANDING COUNSEL FOR R2.

ADV.SRI.N.KRISHNAPRASAD FOR R3.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the impugned judgment dated 27.11.2020 in W.P.(C)
No.19153 of 2020 till the disposal of this Writ Appeal.


     This Writ Appeal again coming on for orders on 16.09.2021 upon
perusing the appeal memorandum and this Court's order dated
17.02.2021, the court on the same day passed the following:


                                                                       P.T.O.
       ALEXANDER THOMAS & A.BADHARUDEEN,JJ.
          ------------------------------------------------
                     W.A No.101 of 2021
      (Arising out of the judgment dated 27-11-2020 in WP(C) No.19153 of 2020
                               on the file of this Court)
           ----------------------------------------------------
          Dated this the 16th day of September, 2021

                                  ORDER

In view of the substantial nature of the issues involved in this

case, we feel that the appeal will have to be formally admitted and

then heard. Accordingly, the Writ Appeal will stand admitted.

2. Notice for R1 has already been taken by

Smt.M.U.Vijayalakshmi, the learned Advocate and for R2 has been

taken by Sri.T.Naveen, the learned Standing counsel for the Kerala

State Pollution Control Board and for R3 has been taken by

Sri.N.Krishnaprasad, the learned counsel.

3. The interim stay order passed by this Court in this

appeal will stand revived prospectively from today and will stand

extended by a further period of three months.

4. The learned Government Pleader seeks some more time

to produce the file, in the case. Both sides may give written

submissions in the matter, if they so desire, giving concisely the WA No.101 of 2021

nature of the factual aspects as well as the respective contentions

from the parties concerned.

List this case in the petition list at 1.45 pm on 18-10-2021.

      H/o to both sides.                              Sd/-

                                      ALEXANDER THOMAS, JUDGE




                                                      Sd/-
                                        A.BADHARUDEEN, JUDGE




      amk




16-09-2021                    /True Copy/                             Assistant Registrar