S.Vinod vs Kerala State Environment Impact ...
2021 Latest Caselaw 4875 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                     WP(C).No.29142 OF 2020(P)


PETITIONER:

               S.VINOD
               AGED 50 YEARS
               S/O SIVANANDAN,KARATHERIYIL
               HOUSE,KALLELIBHAGOM.P.O, KARUNAGAPPALY-VIA,
               KOLLAM DISTRICT,MANAGING PARTNER,KAIRALI ROCKS,
               ENADIMANGALAM,ADOOR,PATHANAMTHITTA DISTRICT.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SMT.K.S.ARCHANA

RESPONDENTS:

      1        KERALA STATE ENVIRONMENT IMPACT ASSESSMENT
               AUTHORITY
               KSRTC COMPLEX,OPPOSITE RAILWAY STATION,
               THAMPANOOR,THIRUVANANTHAPURAM-695001,
               REPRESENTED BY ITS MEMBER SECRETARY.

      2        GEOLOGIST,
               DISTRICT OFFICE,DEPARTMENT OF MINING AND
               GEOLOGY,MINI CIVIL STATION,ARANMULA.P.O,
               PATHANAMTHITTA DISTRICT,PIN-689533.


               BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN
               BY ADV.SRI.M.P.SREEKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.29142 of 2020
                                    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 W.P(C).No.29142 of 2020

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

mns/10.02.2021 W.P(C).No.29142 of 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.02/2016 DATED 16/12/2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE BEARING CONSENT NO.QCO/PTA/219/2018 DATED 12.1.2018 VALID UP TO 15.12.2020 ISSUED BY THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,PATHANAMTHITTA DISTRICT.

EXHIBIT P3 TRUE COPY OF THE D & O LICENCE BEARING NO.B1-554/19 DATED 15.3.2019 VALID UP TO 15.12.2020,ISSUED BY THE SECRETARY, ENADIMANGALAM GRAMA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF THE QUARRYING PERMIT NO.93/2018-19/MM/GBS/2932/DOPTA/M/18 DATED 24.1.2019 VALID UP TO 23.1.2020 ISSUED BY THE SENIOR GEOLOGIST,PATHANAMTHITTA.

EXHIBIT P5 TRUE COPY OF THE QUARRYING PERMIT DATED 31.1.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 14.10.2019 IN W.P(C)NO.NO.26991/2019.

EXHIBIT P7                TRUE COPY OF THE ORDER OF THIS HON'BLE
                          COURT       DATAED    3.2.2020      IN
                          W.P(C)NO.30239/2019.

EXHIBIT P8                TRUE COPY OF THE ORDER OF THIS HON'BLE
                          COURT    DATED    19.2.2020 IN    W.P.
                          (C)NO.26991/2019.

EXHIBIT P9                TRUE COPY OF THE CHALAN DATED 31.1.2020

ISSUED TO THE PETITIONER,ON REMITTING RS.25,000/-TOWARDS FINE.

W.P(C).No.29142 of 2020

EXHIBIT P10 TRUE COPY OF THE CHALN RECEIPT DATED 31.1.2020 ISSUED TO THE PETITIONER ON REMITTING RS.15,29,101/-IN THE GOVERNMENT TREASURY TOWARDS ROYALTY.

EXHIBIT P11 TRUE COPY OF THE TREASURY SAVINGS BANK PAY-IN SLIP DATED 31.1.2020 ISSUED BY THE DISTRICT COLLECTOR,PATHANAMTHITTA, ON REMITTING RS.1,52,880/-BY THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE STOP MEMO DATED 24.2.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P13               TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
                          COURT    DATED    30.7.2020    IN    W.P.
                          (C)NO.14749/2020.

EXHIBIT P14               TRUE COPY OF THE ORDER NO.109/2020-
                          21/229/DOPTA/M/2020    DATED 19.10.2020
                          ISSUED BY THE 2ND RESPONDENT

EXHIBIT P15               TRUE COPY OF THE APPLICATION BEARING

PROPOSAL NO.SIA/KL/MIN/182039/2020/DATED 4.11.2020 FILED BY THE PETITIONER,SEEKING MODIFICATION OF EXT.P1 EC.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE