Usman vs State Environment Impact ...
2021 Latest Caselaw 4879 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.27890 OF 2020(I)


PETITIONER/S:

                USMAN
                S/O. ABDULLA,RESIDING AT ONDATH
                HOUSE,PUTHOOR.P.O,PALATHAYINTEVIDA,KANNUR-
                670692,REPRESENTED BY ITS POWER OF ATTORNEY
                HOLDER,AKHIL NATH.V,AGED 22 YEARS,
                S/O.RAGHUNATHAN,VAYALANGATTIL HOUSE,
                ANANANGADI,PANAMANNA .P.O,OTTAPALAM-679501.

                BY ADVS.
                SRI.ALEX.M.SCARIA
                SRI.A.J.RIYAS
                SRI.KRISHNA DAS
                SMT.SARITHA THOMAS
                KUM.PAVAN ROSE JOHNSON

RESPONDENT/S:

      1         STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
                (SEIAA),(SEIAA),PALLLIMUKKU-KANNAMMOOLA ROAD,OVER
                BRIDGE,VELAKUDI,THIRUVANANTHAPURAM,KERALA-
                695024,REPRESENTED BY ITS CHAIRMAN

      2         THE STATE ENVIRONMENT IMPACT APPRAISAL COMMITTEE,
                (SEIAC),PALLIMUKKU,KANNAMMOOLA ROAD,
                OVER BRIDGE,VELAKUDI,
                THIRUVANANTHAPURAM,KERALA0695024,
                REPRESENTED BY ITS CHAIRMAN


OTHER PRESENT:

                SC: SRI.M. P. SREEKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27890 OF 2020(I)                2




                                   JUDGMENT

The limited prayer of the petitioner in the writ petition is for a direction to

the respondent to consider and pass orders on Ext.P10 representation, since the

decision contained in Ext.P7 order was taken without hearing him.

2. The learned Standing Counsel for the respondent would submit that it

is a fact that Ext.P7 order was passed without hearing the petitioner and under

the circumstances the respondents are ready to consider Ext.P10 representation

on merits and pass orders thereon, expeditiously, after hearing the petitioner.

Taking note of the said submission, the writ petition is disposed by directing

the 1st respondent to consider and pass orders on Ext.P10 representation

preferred by the petitioner within three weeks from the date of receipt of a copy of

this judgment, after hearing the petitioner. The petitioner shall produce a copy of

the writ petition together with a copy of this judgment before the 1 st respondent

for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 19/09/2018 BEARING NO.DOC/M/3404/2018 BY THE DISTRICT GEOLOGIST, KANNUR.

EXHIBIT P2 THE SURVEY MAP APPROVED BY THE REVENUE DEPARTMENT.

EXHIBIT P3 TRUE COPY OF THE GOOGLE MAP SHOWING THE PROPOSED PERMIT AREA.

EXHIBIT P4 TRUE COPY OF THE MINING PLAN APPROVED BY THE COMPETENT AUTHORITY.

EXHIBIT P5 A TRUE COPY OF THE LETTER BEARING NO.DOC/M-

4276/2018 ISSUED BY THE DISTRICT GEOLOGIST,KANNUR.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 11/10/2018 BEARING NO.DOC/M-4276/2018.

EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 06/08/2020 BEARING NO.1538/EC3/2019/SEIAA

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATZED 09/O9/2020 ISSUED BY THE VILLAGE OFFICER,AYYANKUNNU

EXHIBIT P9 TRUE COPY OF THE GOOGLE EARTH MAP SHOWING THE HIGH HAZARD ZONE

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 19/9/2020

EXHIBIT P11 TRUE COPY OF THE RISK ASSESSMENT STUDY SUBMITTE BY THE PETITIONER.