V.Moideen vs Director Mining And Geology
2021 Latest Caselaw 4680 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.3296 OF 2021(J)

PETITIONER/S:

                V.MOIDEEN,AGED 62 YEARS
                S/O. KUNHALAN HAJI, VEERASSERI HOUSE
                CHULLIPARA P.O., MALAPPURAM-676 508.

                BY ADV. SRI.MANSOOR.B.H.

RESPONDENT/S:

      1         DIRECTOR MINING AND GEOLOGY
                OFFICE OF THE DIRECTOR, DEPARTMENT OF MINING AND
                GEOLOGY, THIRUVANANTHAPURAM-695 004.

      2         DISTRICT GEOLOGIST
                MINING AND GEOLOGY, MINI CIVIL STATION
                MALAPPURAM-675 604.

      3         DISTRICT ENVIRONMENT IMPACT
                ASSESSMENT AUTHORITY CIVIL STATION
                MALAPPURAM REPRESENTED BY ITS
                MEMBER SECRETARY, 675 604.

      4         STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
                4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
                THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS MEMBER
                SECRETARY.

      5         STATE LEVEL EXPERT APPRAISAL COMMITTEE
                4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
                THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS
                CHAIRMAN.

      6         DISTRICT LEVEL APPRAISAL COMMITTEE
                CIVIL STATION, MALAPPURAM-675 604 REPRESENTED BY ITS
                MEMBER SECRETARY.

OTHER PRESENT:

                GP: SRI.A RAVIKRISHNAN
                SC: SRI.M.P SREEKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3296 OF 2021(J)                  2

                                   JUDGMENT

The petitioner has approached this Court seeking 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 although he has yet to file formal application before the SEIAA, for

the purposes of re-validation of the Environment Clearance certificate already

obtained by him.

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

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 applicant of the further

documents/details, if any required from him for processing the 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 THE QUARRYING LEASE DATED 14.3.2018 BEARING NO.1008/1/2018 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 1.12.2017 BEARING NO:DEIAA/MAL/EC/029/17 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.2360/2021 DATED 29.1.2021 OF THIS HON'BLE COURT.