M/S. Friends Crushers vs State Environment Impact Assessment ...

Kerala High Court

M/S. Friends Crushers vs State Environment Impact Assessment ... on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                   WP(C) NO. 30088 OF 2017
PETITIONER:

         M/S. FRIENDS CRUSHERS
         VALILLAPUZHA POST,AREACODE VIA, MALAPPURAM PIN-
         673639. REPRESENTED BY ITS PARTNER,KIZHAKKEYIL
         MUHAMMED. AGED 54 YEARS, S/O. KIZHAKKEYIL ASSAIN
         HAJI KIZHAKKEYIL HOUSE,PULLAVOOR. CHATHAMANGALAM.
         N.I.T. PO., KOZHIKODE PIN-673601
         BY ADVS.
         SRI.ALEX.M.SCARIA
         SMT.SARITHA THOMAS


RESPONDENT:

         STATE ENVIRONMENT IMPACT ASSESSMENT
         AUTHORITY (SEIAA),
         KERALA, DEVIKRIPA, PALLIMUKKU,PETTAH PO.,
         THIRUVANANTHAPURAM PIN-695024
         REPRESENTED BY ITS SECRETARY
         BY ADV
         SRI.M.P.SREEKRISHNAN, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.30088/2017
                               ..2..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.30088 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                            JUDGMENT

The above writ petition is filed with following prayers:

"i) to issue a Writ of Mandamus or any other Writ, Order or Direction commanding and compelling the respondent to issue environmental clearance as decided in item No. 67.10 of Exhibit-P4 but without waiting for legal opinion mentioned therein; and

ii) To pass such other and further orders which are deemed to be just and necessary by this Hon'ble Court in the facts and circumstances of the case."(sic)

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respodent - Adv.M.P. Sreekrishnan.

3. When this writ petition came up for consideration on 01.11.2017, this Court passed the following interim order:

"It is seen that the respondent has decided to issue Environmental Clearance sought by the petitioner on usual conditions, subject to the legal WP(C)No.30088/2017 ..3..

opinion on the issue referred to therein. The learned counsel for the petitioner submits that the respondent has already obtained legal opinion. In the light of the said submission, the respondent is directed to pass revised orders in the application preferred by the petitioner in the light of the legal opinion received in this connection. This shall be done in the next meeting of the respondent."(sic) In the light of the above order, no further direction is necessary. Recording the order dated 01.11.2017, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.30088/2017 ..4..

APPENDIX OF WP(C) 30088/2017 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE LEASE DEED DATED 19.02.2007 EXHIBIT P2: TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 24.07.2015, WHICH WAS GOT NUMBERED AS 861/SEIAA/ECI/2990/2015 (WITHOUT ENCLOSURES) EXHIBIT P3: TRUE COPY OF THE LETTER ISSUED BY THE MINING AND GEOLOGY DIRECTOR DATED 03.03.2016. BEARING NO.1841/M3/2016 EXHIBIT P4: TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.04.2017