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2026 Supreme(Online)(Ker) 14237

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
IJU NEERAKKAL – Appellant
Versus
THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD – Respondent
RP NO. 88 OF 2026 | WP(C) NO.43811 OF 2025



Advocates:
For the Appellants/Petitioners: M.SASINDRAN, JOGGY MATHUNNI
For the Respondents: SUNIL CYRIAC, T.NAVEEN

The court held that the petitioner retains the right to pursue statutory remedies against the revoked consent order.

Headnote:Statute Analysis: The petitioner seeks to review a prior judgment permitting an application for 'consent to operate'. Facts of the Case: The petitioner contended the existence of an appellate remedy against the revoked consent order.

Findings of Court:
The court acknowledged the petitioner's right to pursue statutory remedies against the order.

Issues: The primary issue framed involves the petitioner's remedy against the revocation order.

Ratio Decidendi: The court determined that while a fresh application could be considered, it emphasized adherence to legal formalities.

Result: The judgment was recalled, and the writ petition was dismissed while reserving the petitioner's right to appeal against the referenced order.

Table of Content
1. review of judgment regarding consent to operate. (Para 1)
2. discussion of petitioner's potential appellate remedies. (Para 2)
3. formalities for fresh application consideration. (Para 3)
4. judgment recalled; writ petition dismissed. (Para 4)

O R D E R

Petitioner seeks review of the judgment dated 19.12.2025 in W.P. (C) No.43811/2025. As per that judgment, this Court permitted the petitioner to make a fresh application seeking issuance of 'consent to operate' and the same was directed to be considered. 2. Now, in this review, the petitioner would contend that the petitioner has got a remedy by way of an appeal against Ext.P8 Order, which revoked the consent to operate. Petitioner wants to pursue the said appellate remedy.

3. Learned Standing Counsel for the Pollution Control Board would also submit that, in case, a fresh application has to be considered by the Pollution Control Board, all the formalities contemplated by law, will have to be followed.

4. In the circumstances, the judgment above referred will stand reviewed and recalled. Instead, the Writ Petition will stand dismissed, reserving the right of the petitioner to pursue statutory remedies, if any, as against Ext.P8 Order of revocation.

The review petition is allowed as indicated above.

Sd/-

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