IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
WP(C) NO. 19710 OF 2022(K)
PETITIONER:
ULAHANNAN, AGED 52 YEARS, S/O JOSEPH, EDAPUTHUSSERIYIL VEEDU,
THALAPPUZHA, VALAT P O, WAYANAD DISTRICT-670644.
RESPONDENTS:
1. THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA,
KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM - 695001.
2. THE DISTRICT GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING
AND GEOLOGY, MEENANGADI, WAYANAD - 670644.
3. STANDING COMMITTEE FOR NATIONAL BOARD FOR WILD LIFE, MINISTRY OF
ENVIRONMENT FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN,
JORBAGH ROAD, NEW DELHI - 110 003, REPRESENTED BY ITS MEMBER
SECRETARY.
4. THE CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
5. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM -
695001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 and 2 to finalize the processing of
application for quarry lease by executing quarry lease without insisting
for clearance from SCNBWL, pending disposal of the above Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.PHILIP J.VETTICKATTU & SAJITHA GEORGE, Advocates for the petitioner,
the court passed the following:
P.T.O.
N.NAGARESH, J.
------------------------------------------------
W.P.(C).No.19710 of 2022
-------------------------------------------------
Dated this the 17th day of June, 2022
ORDER
The counsel for the petitioner placed before me the recent judgment of the Honourable Supreme Court in T.N.Godavarman Thirumulpad v. Union of India reported in [2022 (3) KLT Online 1032 (SC)], wherein it has been specifically held that mining permits shall not be issued within one kilometre distance of Sanctuaries or within the specified ESZ which is earmarked by the authorities, whichever is farther. The petitioner points out that as far as his case is concerned, the distance is more than 5 Kilometres away from Kottiyoor National Park and 7 Kilometers away from Aralam National Park and even going by the recent Supreme Court W.P.(C).No.19710 of 2022 2 Judgment, there can be no insistence of any clearance. Necessary instructions shall be obtained within two weeks.
Post after two weeks.
sd/-
N.NAGARESH, JUDGE hmh 17-06-2022 /True Copy/ Assistant Registrar