P.B.SURESH KUMAR
Society of Indian Automobile Manufactures – Appellant
Versus
State of Kerala, through its Chief Secertary – Respondent
P.B. Suresh Kumar, J.
1. These writ petitions are preferred challenging the interim order dated 23.05.2016 passed by the National Green Tribunal, Circuit Bench, Kochi in OA No. 137 of 2016, invoking the power of this Court under Article 226 of the Constitution. When the writ petitions came up for admission, the applicant in the proceedings before the National Green Tribunal entered appearance through their counsel and opposed the admission of the writ petitions on the ground that the writ petitions are not maintainable. The learned counsel for the petitioners as also the learned counsel for the applicant before the National Green Tribunal were, in the circumstances, heard on the question of maintainability.
2. The National Green Tribunal (“the Green Tribunal” for short) has been constituted under the National Green Tribunal Act, 2010 (“the Act” for short). Sri. Subhash Chand, the learned counsel for the applicant in the proceedings before the Green Tribunal, contended that in the light of Section 22 of the Act, this Court cannot exercise the power of judicial review over orders passed by the Green Tribunal. The learned counsel also contended, relying on the decision of the
M.C. Mehta V. Union of India, (2016) 4 SCC 269
T.K. Rangarajan v. Govt. of T.N.
State of U.P v. Mohammad Nooh (AIR 1958 SC 86)
Union of India & others v. Major General Shri Kant Sharma & another
Cicily Kallarackal v. Vehicle Factory (2012 (3) KHC 689)
State of West Bengal & Others V. Committee for Protection of Democratic Rights
State of Karnataka V. Vishwabharathi House Building Cooperative Society [(2003)2 SCC 412]
L. Chandrakumar v. Union o f India [(1997)3 SCC 261]
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