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2020 Supreme(Ker) 1036

S.MANIKUMAR, S.P.CHALY
Thrissur Corporation – Appellant
Versus
Kerala State Pollution Control Board – Respondent


Advocates Appeared:
For the Appellant : Santhosh P. Poduval, Adv.
For the Respondents: T. Naveen, SC and Aravinda Kumar Babu, Sr. GP

JUDGMENT :

S. Manikumar, C.J.

1. Instant writ appeal is filed against judgment dated 26.11.2019 passed in W.P.(C) No. 30789 of 2019, by which, writ court closed the writ petition without granting any relief sought for by Thrissur Corporation, represented by its Secretary, writ petitioner/appellant, but leaving liberty to the Corporation to approach National Green Tribunal appropriately, either by filing a statutory appeal or by impleading themselves in the original application or by doing both.

2. Short facts leading to the appeal are as under:

    The Chairman, Kerala State Pollution Control Board, Thiruvananthapuram, (respondent No. 2) has issued a direction under Section 5 of the Environment (Protection) Act, 1986 dated 21.10.2019 (Exhibit-P1) imposing compensation of Rs. 4,56,60,000/- to Thrissur Corporation (appellant) for the period 22.11.2018 to 31.07.2019, for non-compliance of Rule 22 of the Solid Waste Management Rules, 2016. In Exhibit-P1, the 2nd respondent has referred to various orders passed by the National Green Tribunal, New Delhi, clarifying that apart from prosecuti

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