Lisna Latheef vs Director
2021 Latest Caselaw 1093 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                      WP(C).No.36 OF 2021(D)


PETITIONER:

               LISNA LATHEEF
               AGED 26 YEARS
               D/O. LATHEEF M.M., MUDAKKATHIL PUTHENPURAYIL
               HOUSE, WEST VENGOLA, ARAKKAPPADY, ERNAKULAM,
               KERALA-683 553.

               BY ADV. SRI.MANOJ P.KUNJACHAN

RESPONDENTS:

      1        DIRECTOR
               DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN-695
               004.

      2        GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE,
               KAKKANADU, ERNAKULAM DISTRICT, PIN-682 030.

      3        STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
               REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU -
               KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,
               THIRUVANANTHAPURAM, KERALA -695 024.

      4        KERALA STATE POLLUTION CONTROL BOARD
               REPRESENTED BY ITS MEMBER SECRETARY, HEAD OFFICE,
               PATTOM P.O., THIRUVANANTHAPURAM-695 004.


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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                            :2:
WP(C).No.36 OF 2021(D)


                                     JUDGMENT

The petitioner has preferred Ext.P3 application for permit under

the Kerala Minor Mineral Concession Rules, 2015 before the 2nd

respondent. The limited prayer in the writ petition is for a direction to

the 2nd respondent to consider the same in the light of Ext.P2

environmental clearance certificate already issued by the State

Environment Impact Assessment Authority, expeditiously, after hearing

the petitioner.

2. I have heard the learned counsel appearing for the

petitioner, the learned Government Pleader appearing for the

respondents 1 and 2 and the learned Standing counsel appearing for the

respondents 3 and 4.

On a consideration of the facts and circumstances of the case as

also the submissions made across the bar, I dispose the writ petition with

a direction to the 2nd respondent to consider and pass orders on Ext.P3

application for permit in the light of Ext.P2 environmental clearance

certificate, within an outer time limit of three weeks from the date of

receipt of a copy of this judgment, after hearing the petitioner and others

likely to be affected by any orders to be passed by the 2 nd respondent.

The petitioner shall produce a copy of the writ petition together with a

copy of this judgment before the 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/12.01.2021

WP(C).No.36 OF 2021(D)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 2ND RESPONDENT DATED 24.2.2020.

EXHIBIT P2 A TRUE COPY ENVIRONMENTAL CLEARANCE DATED 4.8.2020.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.10.2020.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 21.7.2020 BY NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE