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2025 Supreme(Online)(Ker) 53625

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Nitin Jamdar, CJ, Syam Kumar V.M., J
A.S. Granites Stock Yard Kaniyamthodu, Mukhathala P.O, Kollam District – Appellant
Versus
Sudhakaran – Respondent


Advocates:
For the Appellants/Petitioners: Georgekutty Mathew
For the Respondents: T. Naveen, V. Renjith Kumar

J U D G M E N T Dated this the 26th day of November, 2025 Nitin Jamdar, C. J.

Heard Mr. Georgekutty Mathew, learned counsel for the Appellant, Mr. T. Naveen, learned Standing Counsel for Respondent No. 4 and Mr. V. Renjith Kumar, learned Standing Counsel for Respondent No. 5.

2. The Appellant is Respondent No. 5 in the writ petition filed by Respondent No. 1 herein. The Appellant wanted to withdraw the appeal. Since the Original Petitioner had filed the writ petition raising the issue of pollution on behalf of the residents of the area, by order dated 16 October 2025, we directed Respondent No. 4-Kerala State Pollution Control Board to file an affidavit as to whether the contention of the Original Petitioner regarding pollution alleged to have been caused by the Appellant and its impact on the residents of the area, is substantiated.

3. Pursuant to the above direction, the Pollution Control Board has filed an affidavit wherein it is stated in paragraph Nos. 4 to 6 as under:-

“4. The unit comes under green category as per the categorization of the Board. For a green category unit, 3- meter distance to the nearby residence and 5 meter distance to the public buildings have to be satisfied

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