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2022 Supreme(Online)(KER) 29525

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
MOHANAN K.
– Appellant
Versus

SASIDHARAN – Respondent


Advocates:
THOMAS ABRAHAM, MERCIAMMA MATHEW, ASWIN.P.JOHN, PAUL BABY

J U D G M E N T

S. Manikumar, C. J.

Being aggrieved by the interim order dated 30.08.2022 in W.P.

(C) No. 26182 of 2022, instant writ appeal is filed.

2. Short order impugned in the writ appeal is reproduced:-

“There will be a direction to the 2nd respondent to consider Ext.P9 application forthwith, untrammelled by any observation in Ext.P14. But, I make it clear that If there is any interim order from the 2nd respondent against the consideration of Ext.P9 application, the 2nd respondent will obey the same. Any order passed by the 2nd respondent will be subject to the final orders passed by the appellate authority.”

3. Short facts leading to the filing of the writ appeal are as hereunder:-

a) Appellants are respondents 5 to 7 in the writ petition.

According to the appellants, Mr. Sasidharan, the 1st respondent herein, obtained Ext. P2 consent to establish, for setting up a hot mix plant, near the residence of the appellants. The deliberate omissions and misrepresentation in the application submitted by the 1st respondent has led to the Kerala State Pollution Control Board, the 2nd respondent, in issuing Ext. P2 consent to establish. Crucial facts like existence of a river adjacent to the p

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