M/S. Mudakkalil Granites Pvt. Ltd vs State Environmental Impact ...
2021 Latest Caselaw 1965 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1154 OF 2021(T)


PETITIONER:

               M/S. MUDAKKALIL GRANITES PVT. LTD.,
               REPRESENTED BY ITS MANAGING DIRECTOR, M.A. MATHAI,
               AGED 91 YEARS, S/O. AVIRA, AYAVANA P.O. KARIMATTOM,
               KARIMATTAM, MUVATTUPUZHA, ERNAKULAM 686 668.

               BY ADVS.SRI.C.KHALID
                       SRI.T.P.SAJID

RESPONDENTS:

       1       STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA)
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM 685 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM 685 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

               BY SRI.M.P.SREEKRISHNAN, SC

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
      ADMISSION ON 19.01.2021 ALONG WITH WP(C).1121/2021 AND
      CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
      FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1121 OF 2021(M)


PETITIONER:

               M/S.NILA METALS (PVT) LTD.,
               VELLAPPARA, PAZHAYANNUR, P.O, THRISSUR-680 587,
               REPRESENTED BY ITS MANAGING DIRECTOR, SRI. A.G.
               MADHAVAN.

               BY ADV. SHRI.PHILIP J.VETTICKATTU

RESPONDENTS:

       1       STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY,
               4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
               THIRUVANANTHAPURAM-695 001

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

               BY SRI.M.P.SREEKRISHNAN, SC

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
     ADMISSION ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND
     CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1123 OF 2021(M)


PETITIONER:

               M/S. CALICUT GRANITES (P) LTD.,
               REPRESENTED BY ITS MANAGING DIRECTOR, M.C. MAYIN HAJI,
               AGED 64 YEARS, S/O. KUNHALI, PULLITHODI HOUSE,
               NALLALAM POST, KOZHIKODE-673 027

               BY ADVS.SRI.T.P.SAJID
                       SRI.C.KHALID

RESPONDENTS:

       1       STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA)
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-685 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-685 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

               BY SRI.M.P.SREEKRISHNAN, SC

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
      ADMISSION ON 19.01.2021 ALONG WITH W.P(C).1154/2021 AND
      CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
      FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1114 OF 2021(L)


PETITIONER:

               V.SOMASEKHARAN NAIR
               AGED 62 YEARS
               S/O.VELAYUDHAN PILLAI, NADUTHALA VEEDU,
               MANIKANTESWARAM P.O., THIRUVANANTHAPURAM 695 013

               BY ADVS.SRI.ENOCH DAVID SIMON JOEL
                       SRI.S.SREEDEV
                       SRI.RONY JOSE
                       SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR,
               THAMPANOOR, THIRUVANANTHAPURAM 695 001,
               REP. BY ITS MEMBER SECRETARY

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE
               K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR,
               THAMPANOOR, THIRUVANANTHAPURAM 695 001
               REP.BY ITS CHAIRMAN

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

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
     CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1164 OF 2021(U)


PETITIONER:

               NIZAMUDHEEN K.S
               AGED 32 YEARS, S/O.K.K.SIDHIPUV, KARUKUNNATHU HOUSE,
               PERINGALA P.O., PALLIKKARA, ERNAKULAM-683565.

               BY ADVS.SRI.ENOCH DAVID SIMON JOEL
                       SRI.S.SREEDEV
                       SRI.RONY JOSE
                       SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS CHAIRMAN.

       3       THE DIRECTOR OF MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                        W.P(C).No.859 OF 2021(F)


PETITIONER:

               M/S.VISMAYA ROCKS (P) LTD.
               KARTHIKA, KUTTIKADU P.O., KADAKKAL, KOLLAM-691536,
               REPRESENTED BY ITS MANAGING DIRECTOR SRI.BIJU M.K.

               BY ADVS.SRI.ENOCH DAVID SIMON JOEL
                       SRI.S.SREEDEV
                       SRI.RONY JOSE
                       SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS CHAIRMAN.

       3       THE DIRECTOR OF MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

               BY SRI.M.P SREEKRISHNAN, SC
                  SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                        W.P(C).No.845 OF 2021(E)


PETITIONER:

               M.P.KURIAKOSE
               AGED 54 YEARS
               S/O PAILY,MUTTATH HOUSE,
               CHETTAPALAM.P.O,PULPALLY,
               WAYANAD-673579.

               BY ADVS.SRI.ENOCH DAVID SIMON JOEL
                       SRI.S.SREEDEV
                       SRI.RONY JOSE
                       SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               K.S.R.T.C BUS TERMINAL COMPLEX,4TH FLOOR,
               THAMPANOOR,THIRUVANANTHAPURAM-695001,
               REPRESENTED BY ITS MEMBER SECRETARY.

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               K.S.R.T.C BUS TERMINAL COMPLEX,
               4TH FLOOR,THAMPANOOR,
               THIRUVANANTHAPURAM-695001.
               REPRESENTED BY ITS CHAIRMAN.

       3       THE DIRECTOR OF MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY,
               KESAVADASAPURAM,PATTOM PALACE.P.O,
               THIRUVANANTHAPURAM-695004.

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                        W.P(C).No.858 OF 2021(F)


PETITIONER:

               JOSEPH MATHEW
               AGED 68 YEARS
               S/O P.T.MATHEW, PULLAMPALLIL HOUSE, NARANAMOOZHY P.O,
               RANNI, PATHANAMTHITTA.

               BY ADVS.SRI.ENOCH DAVID SIMON JOEL
                       SRI.S.SREEDEV
                       SRI.RONY JOSE
                       SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               K.S.R..T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001. REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CHAIRMAN.

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

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH WP(C).1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.28890 OF 2020(I)


PETITIONER:

               M/S.ARANHIKKAL GRANITES
               PATHAPPIRIYAM P.O., MALAPPURAM-676 123,
               (REPRESENTED BY ITS MANAGING PARTNER, JAMAL MUHAMMED).

               BY ADV. SRI.P.DEEPAK

RESPONDENTS:

       1       THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               (SEIAA), KERALA, REPRESENTED BY ITS SECRETARY,
               KSRTC 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,
               KESAVADASAPURAM, PATTOM P.O.,
               THIRUVANANTHAPURAM-695 004.

       4       THE GEOLOGIST,
               DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
               MINI CIVIL STATION, MANJERI, MALAPPURAM-676 505.

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       WP(C).No.28833 OF 2020(D)


PETITIONER:

               M/S.MADEENA GRANITES
               MUTHUKURISSI, ELAD P.O, MALAPPURAM 679 340
               [REPRESENTED BY ITS MANAGING PARTNER, K.B ABDUL RAHIMAN]

               BY ADV. SRI.P.DEEPAK

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, MINI
               CIVIL STATION, MANJERI, MALAPPURAM 676 505

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 19.01.2021, ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
     CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1304 OF 2021(K)


PETITIONER:

               M/S.SAHARA GRANITES,
               ERIMAYUR,PALAKKAD,PIN-678546,
               REPRESENTED BY ITS PARTNER JAIS GEORGE.

               BY ADVS.SHRI.PHILIP J.VETTICKATTU
                       SMT.SAJITHA GEORGE

RESPONDENTS:

       1       STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
               (SEIAA, KERALA), REPRESENTED BY ITS MEMBER
               SECRETARIAT,4TH FLOOR KSRTC BUS TERMINAL
               COMPLEX,THIRUVANANTHAPURAM,PIN-695001.

       2       STATE LEVEL APPRAISAL COMMITTEE(DEAC),
               REPRESENTED BY ITS CHAIRMAN,
               PALLIMUKKU,KANNAMOOLA ROAD,OVERBRIDGE,VELAKKUDI,
               THIRUVANANTHAPURAM,PIN-695024.

               BY SRI.M.P.SREEKRISHNAN, SC

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1332 OF 2021(N)


PETITIONER:

               B.P.SIDDIQUE HAJI
               AGED 64 YEARS, MANAGING PARTER, CHELUPARA GRANITES,
               THOTTUMUKKAM P.O., KOZHKODE-673669.

               BY ADVS.SRI.GEORGE POONTHOTTAM (SR.)
                       SMT.NISHA GEORGE
                       SRI.J.VISHNU

RESPONDENTS:

       1       THE STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY,
               DEPARTMENT OF GEOLOGY AND MINING, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

       2       THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
               (SEIAA KERALA), 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
               PALLIMUKKU-KANNAMMOOLA ROAD, OVER BRIDGE, VELAKUDI,
               THIRUVANANTHAPURAM-695024, REPRESENTED BY ITS MEMBER
               SECRETARY.

       3       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               KSRTC BUS TERMINAL COMPLEX, PALLIMUKKU-KANNAMMOOLA ROAD,
               OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024,
               REPRESENTED BY ITS CHAIRMAN.

       4       THE DIRECTOR OF MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
               PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).NO.1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

                       W.P(C).No.1368 OF 2021(U)


PETITIONER:

               ANNAMMA ANTONY,
               AGED 53 YEARS
               POONTHURUTHIL HOUSE, MALIPPARA P.O., PINDIMANA VILLAGE,
               KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

               BY ADV. SRI.BINU PAUL

RESPONDENTS:

       1       THE STATE ENVIRONENT IMPACT ASSESSMENT AUTHORITY,
               KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MEMBER
               SECRETARY.

       2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
               KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS CHAIRMAN.

       3       THE DIRECTOR OF MINING AND GEOLOGY,
               DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM
               PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

               BY SRI.M.P.SREEKRISHNAN, SC
                  SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 19.01.2021 ALONG WITH W.P(C).1154/2021 AND CONNECTED
    CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C).Nos.1154, 1121, 1123,
 1114, 1164, 859, 845, 858 of 2021,
 W.P.(C).Nos. 28890 & 28833/2020                        :: 14 ::
 & W.P.(C).Nos. 1304, 1332 & 1368/2021




                                          JUDGMENT

In all these writ petitions, the petitioners have 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 petitioners herein seek an identical relief although they

have yet to file formal applications before the SEIAA, for the purposes

of re-validation of the Environment Clearance certificate already

obtained by them.

W.P.(C).Nos.1154, 1121, 1123, 1114, 1164, 859, 845, 858 of 2021, W.P.(C).Nos. 28890 & 28833/2020 :: 15 :: & W.P.(C).Nos. 1304, 1332 & 1368/2021

2. Taking note of the aforesaid facts, I deem it appropriate to

dispose these writ petitions also in line with the directions issued in the

judgment referred above, making it clear that the petitioners herein

shall prefer applications 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 them in the past.

The SEIAA shall, on receipt of the said applications inform the

applicants of the further documents/details if any required from them

for processing their applications, within 2 weeks therefrom.

Thereafter, on receipt of the information called for, the SEIAA shall

consider those applications and pass orders as directed by this Court

within four months from the date of receipt of the information from the

petitioners.

The writ petitions are disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/19/1/2021 W.P.(C).Nos.1154, 1121, 1123, 1114, 1164, 859, 845, 858 of 2021, W.P.(C).Nos. 28890 & 28833/2020 :: 16 :: & W.P.(C).Nos. 1304, 1332 & 1368/2021

APPENDIX OF W.P(C).NO.1154/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 29/3/2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT DATED 7/3/2019 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY.

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 3/4/2019 BY THE GEOLOGIST, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 17/10/2019 SUBMITTED BY THE PETITIONER ALONG WITH COVERING LETTER WITHOUT ANNEXURES.

EXHIBIT P5 TRUE COPY OF THE LICENSE DATED 28/4/2020 ISSUED TO THE PETITIONER FROM AYAVANA PANCHAYAT.

EXHIBIT P6 TRUE COPY OF THE 34TH MEETING OF THE SEIAA HELD ON 31/10/2014.

EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY, 2020.

EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND OTHERS VS. STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629.

W.P.(C).Nos.1154, 1121, 1123, 1114, 1164, 859, 845, 858 of 2021, W.P.(C).Nos. 28890 & 28833/2020 :: 17 :: & W.P.(C).Nos. 1304, 1332 & 1368/2021

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3/11/2020 PASSED BY THIS HONBLE COURT IN WPC NO. 23578/2020.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE APPENDIX OF W.P(C).NO.1121/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE GOVERNOR DATED 22.5.2017, VALID UPTO 21.5.2026.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 16.12.2016 ISSUED TO THE PETITIONER, VALID UPTO 15.12.2021.

EXHIBIT P3 TRUE COPY OF DECISION OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014.

EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 27.2.2019.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 2.11.2020 IN W.P.C NO. 17533/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 24.11.2020 IN W.P.C NO. 25842/2020 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS:    NIL.



                         //TRUE COPY//


                         P.S. TO JUDGE

APPENDIX OF W.P(C).NO.1123/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 20.04.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 1.4.2017 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 13.5.2020 BY THE GEOLOGIST BY THE GEOLOGIST, MALAPPURAM.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 29.8.2020 SUBMITTED BY THE PETITIONER ALONG WITH COVERING LETTER WTHOUT ANNEXURES.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF SEIAA APPROVING THE TERMS OF REFERENCE.

EXHIBIT P6 TRUE COPY OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014

EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUVARY, 2020.

EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND OTHERS VS. STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED BY THIS HON'BLE COURT IN W.P.C NO. 23578/2020

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE APPENDIX OF W.P(C).NO.1114/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.38/2018 DTD. 23.11.2018 WITH PROPOSAL NO.DIA/KL/MIN/15891/2018 ISSUED BY THE DEIAA, THIRUVANANTHAPURAM

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 2.11.2020 IN WP(C) 17533/2020 AND CONNECTED CASES (REPORTED IN 2020(6) KLT 302)

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE APPENDIX OF W.P(C).NO.1164/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.82/2016 DATED 1.6.2016 WITH PROPOSAL NO.538/SEIAA/EC3/3881/2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN DATED 21.1.2015 OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 2.11.2020 IN WP(C).17533/2020 AND CONNECTED CASES (REPORTED IN 2020 (6) KLT 302).

RESPONDENTS EXHIBITS:    NIL.


                         //TRUE COPY//


                         P.S. TO JUDGE

APPENDIX OF W.P(C).NO.859/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.62/2019 DATED 25.10.2019 WITH FILE NO.1205/EC1/2018/SEIAA ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE ABSTRACT COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN W.P.(C)NO.17533/2020 AND CONNECTED CASES (REPORTED IN 2020(6)KLT 302).

RESPONDENTS EXHIBITS:    NIL.



                         //TRUE COPY//


                         P.S. TO JUDGE

APPENDIX OF W.P(C).NO.845/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.08/2018 DTD.17/01/2018 WITH FILE NO.901/EC4/3462/SEIAA/2015 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN W.P(C)NO.17533/2020 AND CONNECTED CASES(REPORTED IN 2020(6) KLT 302).

RESPONDENTS EXHIBITS:    NIL.


                         //TRUE COPY//


                         P.S. TO JUDGE

APPENDIX OF W.P(C).NO.858/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO 61/2016 DATED 30.4.2016 WITH FILE NO 808/EC4/2239/2015/SEIAA ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE ABSTRACT COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 2.11.2020 IN WPC 17533/2020 ND CONNECTED CASES (REPORTED IN 2020(6) KLT 302)

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE APPENDIX OF W.P(C).NO.28890/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 27.06.2018.

EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN WPC NO.17533 OF 2020 AND CONNECTED CASES AS REPORTED IN 2020 SCC ONLINE KERALA 5092.

EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION DATED 27.11.2020.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 09.08.2020.

RESPONDENTS EXHIBITS:     NIL.


                          //TRUE COPY//


                          P.S. TO JUDGE

APPENDIX OF W.P(C).NO.28833/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 04-03-

EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05-12-2014

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT DATED 04-05-2020

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 02-11-2020 IN W.P(C) NO. 17533 OF 2020 AND CONNECTED CASES AS REPORTED IN 2020 SCC ONLINE KERALA 5092

EXHIBIT P5 A TRUE COPY OF THE NOTIFICATION DATED 27-11-

2020 PUBLISHED IN SO 4254(E)

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE APPENDIX OF W.P(C).NO.1304/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 2.5.2012,VALID UPTO 1-5- 2004 WITH RESPECT TO LAND COMPRISED UNDER SY.NO.35/2

EXHIBIT P1(A) TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 2.5.2012,VALID UPTO 1-5-2024 WITH RESPECT TO LAND COMPRISED UNDER SY.NO.35/2

EXHIBIT P1(B) TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 2.5.2012,VALID UPTO 1-5-2024 WITH RESPECT TO LAND COMPRISED UNDER SY.NO.35/2 &

EXHIBIT P1(C) TRUE COPY OF ORDER DT.30.4.2019 ISSUED BY THE DIRECTOR,MINING AND GEOLOGY DEPARTMENT AMALGAMATING 3 LEASES

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 5.12.2014 ISSUED TO THE PETITIONER,VALID UPTO 4.12.2019

EXHIBIT P3 TRUE COPY OF MINUTES OF THE MEETING OF 1ST RESPONDENT DATED 31.10.2014

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE 2ND RESPONDENT DATED 27.2.2019

EXHIBIT P5 TRUE COPY OF JUDGMENT DT.2.11.2020 IN W.P.

(C)NO.17533/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 24.11.2020 IN W.P(C)NO.25842/2020 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS:    NIL.


                         //TRUE COPY//


                         P.S. TO JUDGE
                         APPENDIX OF WP(C) 1332/2021



PETITIONER'S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED

TO THE PETITIONER BY THE SEIAA DATED 30.09.2016.

EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 02.12.2016.

EXHIBIT P3 TRUE COPY OF THE QUARRYING LEASE ISSUED TO THE PETITIONER BEARING NO.575/2016-17/9155/M3/2015 DATED 08.12.2016.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN W.P.(C)NO.17533/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE TIMELINE DETAILS EXTRACTED FROM THE WEBSITE OF THE SEIAA SHOWING SUBMISSION OF APPLICATION FOR RENEWAL OF THE PETITIONERS E.C.

RESPONDENTS EXHIBITS:    NIL.


                         //TRUE COPY//


                         P.S. TO JUDGE

APPENDIX OF W.P(C).NO.1368/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LEASE AGREEMENT DATED 17/02/2018.

EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. DIA/KL/MIN/9256/2017 DATED 23/01/2018.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.28859/2020.

RESPONDENTS EXHIBITS:    NIL.


                         //TRUE COPY//


                         P.S. TO JUDGE