Writ petitions under Article 226 are not maintainable if an alternative remedy is available; courts can grant liberty to approach appellate authorities.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) Call for the records pertaining to Ext.P12 order of the

1^st Respondent and setaside the same by issuing a writ of Certiorari finding that the same is illegal and against the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules,1996.

ii) dispense with filing of the translation of documents in Malayalam produced in the above writ petition as Ext.P6, Ext.P9, Ext.P10, Ext.P12 and Ext.P13.

iii) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case. And iv) Allow this Writ petition with cost.”[SIC]

2. When this Writ Petition came up for consideration before this Court on 03.03.2023, this Court passed the following order:

“The petitioner shall implead the Inspector of Factories and Boilers as party to this writ petition. Issue notice to respondents 1,2,4,5,6 and 7. The learned Government Pleader takes notice for 3^rd respondent. Post on 21/3/2023. In the meanwhile, coercive proceedings pursuant to the impugned order shall be kept in abeyance.”

3. Thereafter, when the matter came up for consideration before this Court on 18.03.2024, this Court passed the following order:

“The Environmental Engineer, Kerala State Pollution Control Board, District Office, Ernakulam-2 is suo motu impleaded as additional 9^th respondent. The 9th respondent is directed to cause an inspection to the premises of the petitioner and submit a report before this Court as regards the noise, vibration or other pollution created by the working of the factory with the entire machine operational during day and night in the presence of the petitioner, the officers of the Panchayat, and respondents 4 to 7 in a representative capacity. This shall be done within a period of three weeks from the date of receipt of a copy of this order and shall submit the report through the standing counsel. The petitioner to serve a copy of the writ petition to the learned counsel for the additional 9th respondent.

Post on 11.04.2024.

The interim order is extended till then. ”

4. Based on the same, two reports were submitted by the Pollution Control Board. It will be better to extract the relevant portion of the report dated 27.06.2024 of the Pollution Control Board:

“6. According to the above test results, all parameters of the ambient air quality are found to be within the limits. However in the Sound Monitoring results, the noise level appear to be slightly above the permissible limits, both during day and night time. Based on the Sound Monitoring result, a direction letter dated 22/06/2024 was issued to the unit to adequately enclose or relocate machineries in the unit to reduce the exceedance of sound level. A true copy of the letter dated 22-6-2024 issued by the Board is produced herewith and marked as Annexure R-9(c).

7. It is submitted that the Board is not having the expertise to assess the vibration aspect, while the unit is functioning. Hence an assessment could be made as directed by this Hon'ble court. The inconvenience caused to this Hon'ble Court is deeply regretted.”

5. An additional report was filed on 10.12.2024. It will be better to extract the relevant portion of the additional report also:

“1. ‘M/s Deccan Plywoods’, situated in Pralayakkad, Thuruthy in Mudakkuzha Grama Panchayat, Kunnathunad Taluk, comes under Orange Category. In compliance with the interim order of this Hon'ble Court dated 18/03/2024, the unit was inspected and Sound level monitoring, Ambient Air Quality monitoring and Stack emission monitoring were conducted on 19/04/2024 and 20/04/2024. According to the test results, all parameters of the ambient air quality are found to be within the limits. Howeve