The Supreme Court docket was listening to an SLP filed by a lawyer, whereby he contended that the order of keep by Kerala Excessive Court docket over NGT’s Order is, within the enamel of the affirmation order handed by the Supreme Court docket.
Problem is relating to an order handed by the Nationwide Inexperienced Tribunal, in opposition to which an enchantment was raised and the Apex Court docket dismissed the enchantment and assessment petition thus, confirming the order handed by the Tribunal. Nonetheless, the Kerala Excessive Court docket ordered a keep on the order of the NGT, thus clashing instantly with the Supreme Court docket’s order.
Submission by the petitioner
The petitioner, Advocate Yeshwant Shenoy, showing as a party-in-person, submitted that whereas the Kerala Excessive Court docket was listening to a Writ Petition by the State in opposition to the order handed by NGT, the petitioner had filed an impleadment software so as to add him as a fifth Respondent based mostly on the bottom that the State and the Senior Authorities Pleader have suppressed the truth that NGT order has reached finality after it was affirmed by the Supreme Court docket.
Nonetheless, in February 2022, the Kerala Excessive Court docket didn’t recognise him as a Essential or Correct Occasion whereas additionally observing that the order of the Supreme Court docket has been introduced as Displays and the Court docket will attain to its conclusion by deciding the case on deserves.
In June 2022, the Kerala Excessive Court docket allowed the Writ Petition filed by the State thus placing a keep on NGT’s order therefore, clashing with the Supreme Court docket’s order handed in August 2021.
Order of the Supreme Court docket
The 2 Decide Bench, presided by Hon’ble Mr. Justice M.R. Shah and Hon’ble Mr. Justice C.T. Ravikumar, famous the submissions made by the petitioner that because the Kerala Excessive Court docket is conducting listening to every day, the Apex Court docket can difficulty discover for a similar.
The Court docket noticed that in opposition to NGT’s Order a Civil Attraction was filed and later a assessment software was filed, each had been dismissed by the Apex Court docket, thus confirming the order of NGT. Due to this fact, the Court docket directed its Registry to speak such orders to the Registrar Basic of the Excessive Court docket in order that the current order could be positioned earlier than the Excessive Court docket. The Excessive Court docket can proceed with its keep order and will take the Supreme Court docket’s orders into consideration because the proceedings are nonetheless pending.
Case Title: Yeshwanth Shenoy vs State of Kerala | SLP(C) No. 5563/2023