S.Bhuvanendra Das vs Kerala State Pollution Control ...
2022 Latest Caselaw 5429 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                           WA NO. 581 OF 2022
 AGAINST THE JUDGMENT IN WP(C) 10077/2021 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

            S.BHUVANENDRA DAS,
            AGED 57 YEARS, S/O. SREEDHARAN PILLAI,
            RESIDING AT TC 51/188, SABARI VPS -78, VATTAVILA,
            THIRUMALA P.O, THIRUVANANTHAPURAM 695 006.
            BY ADVS.
            P.RAMAKRISHNAN
            PREETHI RAMAKRISHNAN (P-212)
            T.C.KRISHNA
            C.ANIL KUMAR
            ASHA K.SHENOY
            PRATAP ABRAHAM VARGHESE


RESPONDENTS/RESPONDENTS:

    1       KERALA STATE POLLUTION CONTROL BOARD
            REPRESENTED BY ITS SECRETARY, PATTOM,
            THIRUVANANTHAPURAM- 695 004.

    2       THE ENVIRONMENTAL ENGINEER,
            KERALA STATE POLLUTION CONTROL BOARD,
            DISTRICT OFFICE, T.C. NO. 12/96, PLAMOOD JUNCTION,
            THIRUVANANTHAPURAM- 695 004.

    3       P. MADHUSOODANAN NAIR,
            AGED 62 YEARS,SON OF C.K. PARAMESWARAN NAIR,
            T.C. NO. 51/189 (1), SAI KRISHNA , VPS, VATTAVILA,
            THIRUMALA P.O, THIRUVANANTHAPURAM 695 006.

            ADV SRI.AYYAPPAN SHANKAR
            ADV SRI.T.NAVEEN, SC.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.581 of 2022
                                     2


                              JUDGMENT

Dated this the 20th day of May, 2022

S.Manikumar, C.J.

Instant writ appeal is filed against the judgment in W.P.

(C)No.10077 of 2021 dated 01.04.2022, by which, the learned

single Judge, after considering the rival submissions, ordered

thus:

"Having considered the contentions advanced, I am of the opinion that the challenge raised to Ext.P5 by the petitioner cannot be sustained. There will, accordingly, be a direction to the 2nd respondent to conduct the trial run and to take a final decision in the matter after considering the objections of the petitioner also within a period of three weeks from the date of receipt of a copy of this judgment."

2. Though the said judgment is assailed on various

grounds, when the matter came up on 13.05.2022, submission

has been made by the learned counsel for the respondent

that pursuant to the directions issued, trial run of the

respondent's unit was conducted and consent has been

granted by the Kerala State Pollution Control Board W.A.No.581 of 2022

(respondent No.1 herein).

3. On this day, when the matter came up for admission,

in view of the subsequent development, Mr.P.Ramakrishnan,

learned counsel for the appellant submitted that the appeal

has become infructuous.

Placing on record the above, instant writ appeal is

dismissed as infructuous. Liberty is given to the appellant to

challenge the order of the Pollution Control Board, if he so

desires.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv //true copy//

P.A. to Judge