Citation : 2021 Latest Caselaw 11812 Ker
Judgement Date : 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.9574 OF 2021(V)
PETITIONER:
ABDUL MUNEER C.,AGED 50 YEARS
S/O KUTTY CHEPPALI, MANAGING PARTNER,
M/S INDO BLACK STONE, KUNNATH HOUSE,
KARASSERY P.O, MUKKAM, KOZHIKODE,
KERALA - 673 602.
BY ADVS.
SRI.G.S.KRISHNAN KARTHA
SRI.LIJIN THAMBAN
RESPONDENTS:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA), KERALA, REPRESENTED BY ITS SECRETARY,
K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR, MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM- 695 004.
3 THE GEOLOGIST, DISTRICT OFFICE,
MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION P.O, KOZHIKODE-673 020
BY GP SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9574 OF 2021(V)
2
Sathish Ninan, J.
==============================
W.P.(C) No.9574 of 2021
==========================
Dated this the 9th day of April, 2021
JUDGMENT
The petitioner seeks for re-validation of the
environment clearance certificate, for the life of
the project.
2. In T. Mathew Abraham v. State Level
Environment Impact Assessment Authority and Ors.
[2020 (6) KLT 302], this Court directed the State
Environment Impact Assessment Authority (SEIAA) to
consider the application for enhancement of validity
of the Environment Clearance Certificate, by
estimating the Project Life of the particular
project, and complete the exercise within an outer
time limit of four months from the date of receipt of
the application. Formal application needs to be filed
before the SEIAA seeking re-validation of the
Environment Clearance Certificate already issued to
the petitioner.
WP(C).No.9574 OF 2021(V)
3. Taking note of the aforesaid facts, I deem it
appropriate to dispose of this writ petition also in
line with the directions issued in the judgment
referred above, making it clear that the petitioner
herein shall prefer application before the SEIAA
within a week from the date of receipt of a copy of
this judgment, for re-validation of the Environment
Clearance Certificate already issued to him in the
past. The SEIAA shall, on receipt of the said
application inform the petitioner of the further
documents/details if any required from him for
processing his application, within 2 weeks therefrom.
Thereafter, on receipt of the information called for,
the SEIAA shall consider that application and pass
orders as directed by this Court within four months
from the date of receipt of the information from the
petitioner.
The writ petition is disposed as above.
Sd/- Sathish Ninan, Judge
vdv
WP(C).No.9574 OF 2021(V)
APPENDIX
PETITIONERS EXHIBITS:
EXT P1 TRUE COPY OF THE LETTER NO.DOZ/M-95/15 ISSUED BY THE 3RD RESPONDENT DATED 07.02.2015.
EXT P2 TRUE COPY OF THE CERTIFICATE BEARING NO.DOZ/M-
95/15 DATED 07.02.2015.
EXT P3 TRUE COPY OF THE QUARRYING LEASE DATED 16.11.2017 OF THE PETITIONER.
EXT P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT BEARING NO.509/2017-18/6372/M3/2015/DMG DATED 10.11.2017.
EXT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.
41/2017 BEARING NO.862/SEIAA/EC4/2991/2015 DATED 15.06.2017 ISSUED BY THE 1ST RESPONDENT.
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