Kerala High Court
M K Biju vs The District Collector on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15035 OF 2024
PETITIONER:
M K BIJU
KARTHIKA GRANITE QUARRY,KUTTIKKAD P.O,KADAKKAL, PIN -
691536
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOLLAM COLLECTORATE,KOLLAM, PIN - 691013
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
SECRETARIAT, TRIVANDRUM., PIN - 695001
3 STATE OF KERALA
KERALA, REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, TRIVANDRUM., PIN - 695001
4 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM., PIN - 695001
OTHER PRESENT:
SR.GP - ASWIN SETHUMADHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15035 of 2024 2
VIJU ABRAHAM,J
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W.P.(C).No.15035 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 1st respondent to consider and pass orders on Ext.P18 request submitted by the petitioner seeking extension of time limit for obtaining Environmental Clearance and commencement of quarrying operation, which has been made as conditions in Exts.P1,P4 and P6 NOC granted by the 1st respondent.
2. Petitioner would contend that application for Environmental Clearance is pending consideration before the SEIAC.
3. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P18, in accordance with law, taking into consideration Exts.P10 to P13 and after affording an opportunity of being heard to the petitioner. W.P.(C).No.15035 of 2024 3 A decision in this regard shall be taken within an outer limit of 2 months from the date of receipt of a copy of the judgment. Till a decision is taken as directed above, no steps shall be taken to cancel the NOC on the ground that petitioner has not obtained Environmental Clearance and has not commenced quarrying operation.
sd/-
VIJU ABRAHAM, JUDGE pm W.P.(C).No.15035 of 2024 4 APPENDIX OF WP(C) 15035/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOC ISSUED BY THE 1 ST RESPONDENT DATED 14-8-2014 Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 6-2- 2018 MODIFYING EXT.P1 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF QUARRY LEASE DATED 17-2-2018, EXECUTED BY THE COMPETENT AUTHORITY Exhibit P4 TRUE COPY OF THE NOC BEARING NO.L12- 108650/18, DATED 30-1-2019 ISSUED BY THE 1 ST RESPONDENT Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 1 ST RESPONDENT, BEARING NO.L12/111641/18, DATED 5-6-2020 Exhibit P6 TRUE COPY OF THE NOC BEARING NO.
L.12/111641/18, DATED 2-8-2019 ISSUED BY THE 1 ST RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER OF INTENT BEARING NO.5916/M3/2020, DATED 12-1- 2021 ISSUED BY THE DIRECTOR, MINING & GEOLOGY, Exhibit P8 TRUE COPY OF THE INTIMATION ISSUED BY THE DISTRICT GEOLOGIST APPROVING THE MINING PLAN WITH RESPECT TO THE APPLIED AREA DATED 9-10-2023 Exhibit P9 TRUE COPY OF THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DOWNLOADED FROM THE OFFICIAL WEB SITE OF SEIAA Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF 152 ND MINUTES OF SEAC Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF 156 TH MEETING OF SEAC Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF 159 W.P.(C).No.15035 of 2024 5 TH MEETING, WHICH IS HELD ON 19 TH , 20 TH AND 21 ST FEBRUARY, 2024 Exhibit P13 TRUE COPY OF THE STATUS OF APPLICATION DOWNLOADED FROM THE OFFICIAL PORTAL OF THE SEIAA Exhibit P14 TRUE COPY OF THECONSIDERING THE APPLICATION HAD ISSUED PROCEEDING BEARING NO.DCKLM/4063/L.12, DATED 3-4- 2023 Exhibit P15 TRUE COPY OF THE PROCEEDING BEARING NO.DCKLM.5896/2023/L12, DATED 16-8-2023 Exhibit P16 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5449/2020, DATED 11-3-2020 Exhibit P17 TRUE COPY OF THE SAID CIRCULAR DATED 1- 11-2023 Exhibit P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 15-3-2024 Exhibit P19 TRUE COPY OF THE RECEIPT DATED 15-3- 2024 SHOWING ACKNOWLEDGEMENT OF EXT.P18