Kerala High Court
P A Nishad vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.740 OF 2021(N)
PETITIONER:
P A NISHAD
AGED 41 YEARS
MANGING PARTNER, M/S. P A CONSTRUCTIONS,
SANTHIPURAM, KODUNGALUR,
ERNAKULAM DISTRICT, 682 025.
BY ADV. SRI.BINU PAUL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF MINING AND GEOLOGY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA 695 001.
2 GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, ERNAKULAM,
CIVIL STATION, KAKKANAD KOCHI 682 030.
By GOVERNMENT PLEADER SRI.A RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
:2:
W.P(C).No.740 of 2021
JUDGMENT
The petitioner has approached this Court impugning Ext.P3 order
passed by the 2nd respondent that rejects an application seeking
permission to excavate and transport ordinary earth from property
covered by Ext.P2 environment clearance certificate. In the Writ
Petition, it is the case of the petitioner that after the rejection of the
application preferred by the petitioner by Ext.P3 order, Ext.P4
notification was issued by the Government of India, whereby, prior
environment clearance has been exempted for linear projects like roads,
pipelines etc. It is the specific case of the petitioner that his project
would come under the ambit of the exemption envisaged in Ext.P4
notification, and hence, his application would require a fresh
consideration.
2. The learned Government Pleader would submit, on instructions,
that there is no fresh application preferred by the petitioner giving
details of the projects so as to enable the respondents to consider the
request in the light of Ext.P4 notification. Taking note of the said
W.P(C).No.740 of 2021
submission of the learned Government Pleader, on instructions, I deem it
appropriate to dispose the Writ Petition by directing that if the petitioner
prefers a fresh application for permission to excavate and transport
ordinary earth giving details that would enable the respondents to
consider the applicability of Ext.P4 notification to the case of the
petitioner, then the 2nd respondent shall within a period of three weeks
from the date of receipt of the said application from the petitioner
consider and pass orders on the same in accordance with law. The order
to be passed by the 2nd respondent shall contain reasons for the decision
taken by him. To enable the 2 nd respondent to do so, I quash Ext.P3
order. The petitioner shall produce copy of the writ petition together
with a copy of this judgment before the 2nd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/08.02.2021
W.P(C).No.740 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED
29.08.2015 ISSUED BY M/S. SK
CONSTRUCTIONS, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE ENVIRONMENT CLEARANCE
NO. 55/2017 NO. P/3119/2017
DIA/KL/MIN/5914 /2017 DATED 09.01.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. D O E /
131/E2/18 DATED 8.11.2018 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION S.O.
1224(E0 DATED 28.03.2020 ISSUED BY THE
JOINT SECRETARY, MOEF AND C.C GOVT. OF
INDIA.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
