Kerala High Court
Palakkal Granites Private ... vs The State Environment Impact ... on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2021/22ND MAGHA,1942
W.P(C).No.3510 OF 2021(K)
PETITIONER:
PALAKKAL GRANITES PRIVATE LIMITED
R.S.NO.172, MYSORE PATTA, THOTTUMUKKAM P.O.,
KOZHIKODE DISTRICT, PIN-673639,
REPRESENTED BY IT MANAGING DIRECTOR, P.M.ABOOBAKER.
BY ADV. SRI.S.K.SAJU
RESPONDENTS:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA), KERALA, REPRESENTED BY ITS SECRETARY,
K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMOOLA
ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024.
3 THE DIRECTOR,
MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM-695004.
4 THE GEOLOGIST,
DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN-673020.
BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
SRI.M.P.SREEKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.3510/2021 :: 2 ::
JUDGMENT
In this writ petition, 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 seek 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 it.
2. Taking note of the aforesaid facts, I deem it
appropriate to dispose this writ petition also in line with the
W.P.(C).No.3510/2021 :: 3 ::
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 it 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 his 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
prp/11/2/2021
W.P.(C).No.3510/2021 :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED
22.12.2017.
EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
DATED 23.9.2017.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 1.2.2021
IN W.P.(C) NO.2512/2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
