Kerala High Court
Kizhakkethalackel Rocks vs State Enviornment Impact ... on 23 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943
WP(C).No.9972 OF 2021(V)
PETITIONER:
KIZHAKKETHALACKEL ROCKS,
KUMILY P. O., IDUKKI DISTRICT - 685 509, REPRESENTED
BY ITS MANAGING PARTNER, MR. SANJU GEORGE.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
RESPONDENTS:
1 STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY (SEIAA)
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM - 685 001., REPRESENTED BY ITS
MEMBER SECRETARY.
2 STATE EXPERT APPRAISAL COMMITTEE (SEAC)
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM - 685 001., REPRESENTED BY ITS
MEMBER SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9972 OF 2021(V) 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 9972 of 2021
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Dated this the 23rd day of April, 2021
JUDGMENT
The above writ petition is filed with the following reliefs:
i. Call for the records leading to Ext.P12 and
issue a writ of certiorari or any other appropriate
writ, order or direction quashing the same;
ii. Issue a writ of mandamus or any other
appropriate writ order or direction, commanding the
respondents to consider Ext.P11 representation and
reconsider the application for environmental clearance
after hearing the petitioner;
iii. To issue such other appropriate writ order
or direction which this Hon'ble Court may deem fit
and just under the circumstances of the case.
2. When this matter came up for consideration, the
counsel for the petitioner submitted that he is limiting his prayer
for an early disposal of Ext.P11. The counsel for the respondents
also submitted that they have no objection in giving such a
direction by this Court.
Therefore, this Writ Petition is disposed of directing the
respondents to consider and pass appropriate orders on Ext.P11
as expeditiously as possible, at any rate, within a period of eight
weeks from the date of receipt of a copy of this judgment.
Among the respondents, who is competent to dispose Ext.P11
will give an opportunity of hearing to the petitioner before
passing the final order.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
pm
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOC DATED 10.01.2018 ISSUED BY
THE DISTRICT COLLECTOR, IDUKKI.
EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT DATED
08.05.2018 ISSUED BY THE DIRECTOR OF MINING AND
GEOLOGY.
EXHIBIT P3 TRUE COPY OF THE RENEWED NOC DATED 08.03.2020
ISSUED BY THE DISTRICT COLLECTOR, IDUKKI.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 28.06.2018 ISSUED
TO THE PETITIONER BY THE GEOLOGIST, DEPT. OF
MINING AND GEOLOGY.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 19.07.2018
ISSUED BY THE DIVISIONAL FOREST OFFICER,
KOTTAYAM.
EXHIBIT P6 TRUE COPY OF THE EXPLOSIVE LICENSE DATED
27.03.2019 ISSUED TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 08.10.2020
ISSUED BY THE VILLAGE OFFICER.
EXHIBIT P7 (A) TRUE COPY OF THE PHOTOGRAPH OF THE LAND.
EXHIBIT P8 TRUE COPY OF THE RTI AND ITS REPLY RECEIVED BY
THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE FIELD INSPECTION REPORT (FILE
NO.SIA/KL/MIN/145075/2020) ALONG WITH THE HAZARD
ZONATION MAP RECEIVED FROM SEAC THROUGH RTI.
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE
118TH MEETING OF SEAC KERALA HELD ON 1ST, 2ND AND
3RD FEBRUARY 2021.
EXHIBIT P11 TRUE COPY OF THE REQUEST FOR RECONSIDERATION OF
EC APPLICATION SUBMITTED BY THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 05.03.2021 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WP(C) NO.27890 OF
2020 DATED 10.02.2021.
EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF 107TH MEETING
OF SEIAA CONDUCTED ON 18TH AND 19TH FEBRUARY
2021.
