M.V Janson vs The State Environment Impact ...

Kerala High Court

M.V Janson vs The State Environment Impact ... 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. 3775 OF 2017
PETITIONERS:


    1       M.V JANSON
            S/O.M.P.VARKEY, AGED 50 YEARS, MANICHERI HOUSE,
            VADAYAMPADI, PIN-682308.

    2       SANTHOSH KUMAR P.V.
            S/O.VENUGOPAL, PUTHENKUDY, VADAYAMPADI, PIN-682308.

            BY ADV SRI.SAJEEV KUMAR K.GOPAL


RESPONDENTS:


    1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
            (SEIAA)
            KERALA, DEVIKRIPA, PALLIMUKKU, PETTAH P.O.,
            THIRUVANANTHAPURAM, PIN-695024.

    2       THE DISTRICT COLLECTOR
            CIVIL STATION, ERNAKULAM, KAKKANAD, PIN-682030.

    3       THE TAHSILDAR
            KUNNATHUNADU TALUK, ERNAKULAM, PIN-683565.

    4       THE VILLAGE OFFICER
            AIKKARANADU SOUTH VILLAGE, ERNAKULAM, PIN-682311.

    5       THE GEOLOGIST
            DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
            KAKKANAD, PIN-682030.

    6       THOMAS
            S/O.PAILY, MANATHU HOUSE, VADAYAMPADY KARA, ERNAKULAM
            DISTRICT, PIN-682308.

    7       MATHAI M.T.
            S/O.THOMAS, MANATHU HOUSE, VADAYAMPADY KARA,ERNAKULAM
            DISTRICT, PIN-682308.

    8       JIJI MATHEW
            S/O.MATHEW, KOLOOTHUMJUZHI, CHOORAKKODUKARA,
 W.P (C) No.3775 of 2017


                                   2

             PATTIMATTAM, ERNAKULAM DISTRICT-683562.

             BY ADVS.
             SRI.PAUL K.VARGHESE - R6 TO R8

             SRI.RIYAL DEVASSY, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P (C) No.3775 of 2017


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                   P.V.KUNHIKRISHNAN,J.
                ---------------------
                   W.P (C) No.3775 of 2017
             ---------------------------
               Dated this the 21st day of May, 2024

                                JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writs, direction or orders calling for the records leading to Exhibits P1 and P2 and quash the same.

ii) Declare that the issuance of Exhibit P1 by the 1st respondent is in violation to the guidelines issued by the Ministry of Environment and Forest vide notification No.SO1533 dated 14.09.2006 and hence it is vitiated.

iii) render such other orders as are deemed fit and proper in the circumstances of the case." [SIC]

2. When this writ petition came up for consideration, the learned counsel appearing for respondents 6 to 8 submitted that since the period of Ext.P2 is expired, the prayers in this writ petition are infructuous. I think there is force in the above argument. Therefore, this writ petition is dismissed as infructuous.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng