Chirayil Granite Industries vs State Of Kerala
2021 Latest Caselaw 3994 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                        WP(C).No.2793 OF 2021(Y)


PETITIONER/S:

                CHIRAYIL GRANITE INDUSTRIES
                CHIERAYIL POST, KONDOTTY VIA, MALAPPURAM 673 638,
                REP.BY ITS MANAGING PARTNER KM KOYAMMU, AGED 68
                YEARS, S/O.MOTHI

                BY ADVS.
                SRI.S.SREEKUMAR (SR.)
                SRI.P.MARTIN JOSE
                SRI.P.PRIJITH
                SRI.THOMAS P.KURUVILLA
                SRI.R.GITHESH
                SRI.AJAY BEN JOSE
                SRI.MANJUNATH MENON
                SHRI.HARIKRISHNAN S.

RESPONDENT/S:

      1         STATE OF KERALA
                REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

      2         THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
                AUTHORITY,(SEIAA KERALA), REP.BY ITS MEMBER
                SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL,
                THIRUVANANTHAPURAM 695 001.

      3         STATE LEVEL EXPERT APPRAISAL COMMITTEE
                REP.BY ITS CHAIRMAN, PALLIMUKKU, KANNAMOOLA ROAD,
                VELAKUDI, THIRUVANANTHAPURAM 695 001.

      4         DIRECTORATE OF MINING AND GEOLOGY
                KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM 695
                004, REP.BY ITS DIRECTOR.


OTHER PRESENT:

                GP:SRI.PAUL ABRAHAM VAKKANAL
                SC:SRI.M.P.SREEKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2793 OF 2021(Y)                 2

                                   JUDGMENT

The petitioner has preferred Ext.P8 application before the 2 nd respondent

State Level Environment Impact Assessment Authority (SEIAA), seeking extension

of validity of Environmental Clearance Certificate already issued to it in the past.

The petitioner seeks the benefit of the directions issued by this Court in the

judgment dated 2.11.2020 in W.P.(C).No.17533/2020 and connected cases,

whereby, this Court directed the State Environment Impact Assessment Authority

[SEIAA] to consider the applications 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 applications. It is seen that while the directions were

issued only in the cases that were disposed by the judgment referred above, the

petitioner herein seeks an identical relief for the purposes of re-validation of the

Environment Clearance Certificate already obtained by it.

2. Taking note of the aforesaid facts, I deem it appropriate to dispose this

writ petition also in line with the directions issued in the judgment referred above

for re-validation of the Environment Clearance Certificate already issued to it in

the past. The SEIAA shall inform the applicant of the further documents/details if

any required from the petitioner for processing its application, within 2 weeks

therefrom. Thereafter, on receipt of the information called for, the SEIAA shall

consider the 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/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.626/2016-

17/9662/M3/2016 DATED 4.1.2017 BY THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF LEASE DEED DATED 19.1.2024

EXHIBIT P3 TRUE COPY OF TRADE LICENSE OBTAINED FROM THE KONDOTTY MUNICIPALITY DATED 5.4.2017

EXHIBIT P4 TRUE COPY OF INTEGRATED CONSENT TO OPERATE IS RENEWED ON 3.10.2019 AND IS VALID UP TO 30.11.2024

EXHIBIT P5 TRUE COPY OF LICENSE FOR POSSESSION AND USE OF EXPLOSIVES BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO), WAS RENEWED ON 7.1.2020 AND IS VALID UP TO 31.2025

EXHIBIT P6 TRUE COPY OF ENVIRONMENTAL CLEARANCE FROM THE 2ND RESPONDENT ON 1.6.2016

EXHIBIT P7 TUE COPY OF MINING PLAN, WHICH WAS APPROVED BY THE GEOLOGIST DISTRICT OFFICE OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, 19.12.2018

EXHIBIT P8 TRUE COPY OF APPLICATION FOR EXTENSION OF VALIDITY OF ENVIRONMENTAL CLEARANCE IN FORM 6 TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE EMAIL ALERT RECEIPT OF EXHIBIT P8

EXHIBIT P10 TUE COPY OF RELEVANT PAGES OF THE MINUTES OF THE 117TH MEETING OF THE 2ND RESPONDENT HELD ON 29.12.2020 AND 30.12.2020

EXHIBIT P11 TRUE COPY OF PETITIONER'S REPRESENTATION DATED 30.1.2021 ADDRESSED TO THE 2ND RESPONDENT.