Akhil O vs The Director Department Of Mining ...
2021 Latest Caselaw 16521 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                        WP(C) NO. 15708 OF 2021
PETITIONER/S:

          AKHIL O., AGED 33 YEARS
          S/O.LATE O.SHIVARAJAN,
          M/S.PALICKAPARAMBIL GRANITE WORKS,
          ODAMANNIL HOUSE, MUKKOM P.O.,
          KOZHIKODE DISTRICT - 673 602.

          BY ADVS.
          N.ANAND
          BIJITH S.KHAN
          N.KRISHNAPRASAD


RESPONDENT/S:

    1     THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY
          DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
          PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.

    2     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
          (SEIAA)
          KERALA, IV FLOOR, K.S.R.T.C.BUS TERMINAL COMPLEX,
          THAMPANOOR, THIRUVANANTHAPURAM - 695 001
          REPRESENTED BY ITS CHAIRMAN.

    3     THE STATE LEVEL APPRAISAL COMMITTEE
          PALLIMIKKU, KANNAMOOLA ROAD, OVERBRIDGE,
          VELAKUDI, THIRUVANANTHAPURAM - 695 004
          REPRESENTED BY ITS CHAIRMAN.

    4     THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND
          GEOLOGY, CIVIL STATION, KOZHIKODE - 673 020.

          R1 & 4 BY GP SRI.HANIL KUMAR

          R BY SRI.M.P.SREEKRISHNAN, SC SEIAA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15708 OF 2021     ..2.




                       JUDGMENT

The petitioner has approached this Court for re-

validation of the environment clearance certificate, for

the life of the project.

2. This Court in T. Mathew Abraham v. State

Level Environment Impact Assessment Authority

and Ors. [2020 (6) KLT 302], 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 WP(C) NO. 15708 OF 2021 ..3.

re-validation of the Environment Clearance Certificate

already issued to the petitioner.

3. Taking note of the aforesaid facts, this writ

petition is dispose of 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 WP(C) NO. 15708 OF 2021 ..4.

information from the petitioner.

The writ petition is disposed as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/05/08/2021

//true copy //

P.A To Judge WP(C) NO. 15708 OF 2021 ..5.

APPENDIX OF WP(C) 15708/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CERTIFICATE DATED 03/03/2017 ISSUED BY RESPONDENT NO.2.

Exhibit P2 TRUE COPY OF THE LEASE DEED DATED 21/04/2017 ENTERED BY THE SENIOR GEOLOGIST (ON BEHALF OF THE STATE GOVERNMENT) WITH SIVARAJAN.

Exhibit P3 TRUE COPY OF THE ORDER DATED 07/01/2019 PASSED BY RESPONDENT NO.1

Exhibit P4 TRUE COPY OF THE ORDER DATED 02/03/2019 PASSED BY RESPONDENT NO.2.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 17/02/2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO.3721 OF 2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 02/03/2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO.5361 OF 2021.