P.A. Sainudeen vs State Environment Impact ...
2021 Latest Caselaw 6629 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SATHISH NINAN

 WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                      WP(C).No.2433 OF 2021(D)


PETITIONER:

              P.A. SAINUDEEN,
              AGED 60 YEARS
              S/O. ABDUL RAHMAN, PIRAMBILLIKUDY,
              THRIKKAKARA P.O., KOCHI-682021.

              BY ADVS.
              SHRI.ASWIN KUMAR M J
              SRI.K.ARJUN VENUGOPAL
              SMT.HELEN P.A.
              SHRI.ARUN ROY
              SRI.SHAHIR SHOWKATH ALI

RESPONDENT:

              STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
              (SEIAA)
              REPRESENTED BY ITS SECRETARY,
              K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR,
              THAMPANOOR, THIRUVANANTHAPURAM-695001, KERALA.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                W. P. (C) No.2433 of 2021
          ==================
         Dated this the 24th day of February, 2021

                              JUDGMENT

Petitioner's application for environmental

clearance to extract ordinary earth from his property has been pending since 22.03.2019. The

details regarding the quantity of earth proposed to

be extracted along with the necessary materials

were made available in May 2019. As per

communication dated 29.05.2019, further details

were required to be made available which was also

provided. This was followed by the communication

dated 29.09.2020 requiring the petitioner to

explain regarding the proposed user of the

excavated earth and an affidavit that the excavated

earth will not be used for filling wetland/paddy

field. The said directions have also been complied

with. In spite of all these, environmental

clearance has not been granted, laments the

petitioner.

W. P. (C) No.2433 of 2021

2. Heard the learned Standing Counsel for the

respondent also.

3. Though it is pointed out that the pendency

of WPC 16367/2020 before this Court would have been

a reason for not granting the environmental

clearance sought for, evidently the same relates

only to stone quarrying and has no connection to

the removal of ordinary earth. The learned Standing

Counsel assures that orders will be passed on the

petitioner's application without further delay.

4. Let orders be passed within a period of two

weeks from the date of receipt of a copy of the

judgment.

Writ Petition is ordered as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.2433 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INWARD FOR THE APPLICATION, DATED 22.3.2019.

EXHIBIT P2 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.35000.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.933/A2/2019/SEIAA DATED 13.5.2019 EVIDENCING THE DECISION OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.933/A2/2019/SEIAA DATED 29.5.2019 BY THE RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.D.O.E./1695/E DATED 23.11.2019.

EXHIBIT P6 TRUE COPY OF THE MINING PLAN, DATED 7.12.2019 APPROVED BY THE DISTRICT GEOLOGIST.

EXHIBIT P7 A TRUE COPY OF THE LETTER NO.DOE/2261/E2/2019 DATED 3.2.2020.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.933/A2/2019/SEAA DATED 29.9.2020 BY THE RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE FRESH DEMAND LETTER, DATED 4.9.2020.

EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT, DATED 30.9.2020 SWORN BY THE PETITIONER AS DIRECTED BY THE RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.16367 OF 2020, DATED 21.12.2020.

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