C.P. Muhammed vs The State Environment Impact ...
2021 Latest Caselaw 5776 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.3721 OF 2021(M)




PETITIONER:

               C.P. MUHAMMED,
               AGED 64 YEARS
               S/O.ALAVI, MELEPOOLAKKAL HOUSE, KUNNAMANGALAM P.O.,
               KUNNAMANGALAM VILLAGE, KOZHIKODE DISTRICT,
               PIN-673 571.

               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-695 001.

      2        STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMOOLA
               ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695
               024.

      3        THE DIRECTOR, MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTOM P.O., THIRUVANANTHAPURAM-695 004.

      4        THE GEOLOGIST,
               DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
               CIVIL STATION, KOZHIKODE, PIN-673 020.


               GOVT. PLEADER SRI. PAUL ABRAHAM VAKKANAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
        ==================
              W. P. (C) No.3721 of 2021
        ==================
       Dated this the 17th day of February, 2021

                        JUDGMENT

The petitioner seeks for re-validation of the

environment clearance certificate, for the life of the project.

2. In T. Mathew Abraham v. State Level Environment Impact

Assessment Authority and Ors. [2020 (6) KLT 302], this Court

directed the State Environment Impact Assessment

Authority (SEIAA) to consider the application 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 application. Formal

application needs to be filed before the SEIAA

seeking re-validation of the Environment Clearance

Certificate already issued to the petitioner.

3. Taking note of the aforesaid facts, I deem

it appropriate to dispose of this writ petition

also in line with the directions issued in the W. P. (C) No.3721 of 2021

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 petitioner 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

that 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/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.3721 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 13.11.2017.

EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 23.09.2017.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 01.02.2021 IN WPC NO.2512/2021.

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