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Abdul Muneer C. vs The State Environment Impact ...
2021 Latest Caselaw 11812 Ker

Citation : 2021 Latest Caselaw 11812 Ker
Judgement Date : 9 April, 2021

Kerala High Court
Abdul Muneer C. vs The State Environment Impact ... on 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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