2025:KER:29532 WA NO. 610 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WA NO. 610 OF 2025 AGAINST THE ORDER DATED 13.03.2025 IN WP(C) NO.9474 OF 2025 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SLICE UP ORGANIC PRODUCTS PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, SHAIJAL. V.C, AGED 30 YEARS, S/ O. V.C. KUNHABDULLA, YAZHAYIL HOUSE, MUTTIL NORTH P.O, KOLAVAYAL, WAYANAD, PIN - 673122 BY ADVS. S.R.PRASANTH BHANU THILAK FATHIMA RINSHA T.P. VISHNU.R THAREEQ ANVER K. RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF- GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695002 2 MUTTIL GRAMA PANCHAYAT WAYANAD REPRESENTED BY ITS SECRETARY, WAYANAD, PIN - 685587 3 ADDITIONAL DISTRICT MAGISTRATE DISTRICT COLLECTORATE WAYANAD, CIVIL STATION, NORTH KALPETTA P.O, WAYANAD, PIN - 673121 4 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, JASAM COMPLEX, PINANGODE ROAD, KALPETTA, WAYANAD- , REPRESENTED BY ENVIRONMENTAL ENGINEER, PIN - 673121 2025:KER:29532 WA NO. 610 OF 2025 2 5 DISTRICT FACILITATION AND MONITORING COMMITTEE KALPETTA, WAYANAD REPRESENTED BY ITS CHAIRMAN, COLLECTORATE, CIVIL STATION ROAD, WAYANAD, PIN - 673020 *ADDL.R6:6 THOMAS BABU, PINDIPUZHA HOUSE, MUTTIL P.O, WAYANAD DISTRICT, PIN - 673122 *(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 13.03.2025 IN IA NO.1/2025 IN WP(C) NO.9474/2025.) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29532 WA NO. 610 OF 2025 3 JUDGMENT (Dated this the 3rd day of April 2025) NITIN JAMDAR, C.J. Heard Mr.T.Krishnanunni, learned Senior Advocate instructed by Mr.S.R.Prasanth, learned counsel for the Appellant and Mr.P.A.Muhammed Shah, learned Standing Counsel for the Panchayat and Mr.T.Naveen, learned Standing Counsel for the State Pollution Control Board. 2. The appeal is filed against an interim order dated 13 March 2025 in W.P.(C)No.9474 of 2025, passed by a learned Single Judge, whereby the learned Single Judge opined that it is necessary to conduct a trial run to ascertain the pollution control measures adopted by the Petitioner and directed that the trial run be conducted with notice to the Pollution Control Board, followed by a joint inspection, and that a report be submitted to decide the further course of action, and the petition was adjourned to consider the further course of action. 3. The Petitioner is aggrieved by the refusal to stay the stop memo and the denial of permission to continue the industrial activity. The learned Single Judge has found it prudent to first direct a trial run and then decide the further course of action. The learned Single Judge was well within his discretion to adopt such a course of action. The scope of an appeal from 2025:KER:29532 WA NO. 610 OF 2025 4 discretionary orders is settled. Merely because the appellate court, if had considered the matter at first instance, would have taken a different view is no ground to interfere. We do not find any perversity in the discretion exercised by the learned Single Judge. 4. The appeal is accordingly disposed of. The further course of action will be decided by the learned Single Judge. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE rp