Abddusalam P vs Director Mining And Geology
2021 Latest Caselaw 3338 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.2360 OF 2021(T)


PETITIONER:

               ABDDUSALAM P
               AGED 41 YEARS
               S/O.ALI P., PARAPPIL HOUSE, KALANTHODE, NIT P.O.,
               KOZHIKODE 673 601

               BY ADV. SRI.MANSOOR.B.H.

RESPONDENTS:

      1        DIRECTOR MINING AND GEOLOGY
               OFFICE OF THE DIRECTOR, DEPARTMENT OF MINING AND
               GEOLOGY, THIRUVANANTHAPURAM 695 004

      2        DISTRICT GEOLOGIST
               MINING AND GEOLOGY, MINI CIVIL STATION, MALAPPURAM
               675 604

      3        DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               CIVIL STATION, MALAPPURAM REP.BY ITS MEMBER,
               SECRETARY 675 604

      4        STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
               4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
               THIRUVANANTHAPURAM 695 001. REP.BY ITS MEMBER
               SECRETARY.

      5        STATE LEVEL EXPERT APPRAISAL COMMITTEE
               4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
               THIRUVANANTHAPURAM 695 001. REP.BY ITS CHAIRMAN

      6        DISTRICT LEVEL APPRAISAL COMMITTEE
               CIVIL STATION, MALAPPURAM 675 604, REP.BY ITS
               MEMBER SECRETARY.

               BY ADV.SRI.M.P.SREEKUMARAN, SC
               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2360 of 2021
                                    2




                              JUDGMENT

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 seeks 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 him.

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

dispose the writ petition also in line with the 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 him in the past. The SEIAA shall, W.P(C).No.2360 of 2021

on receipt of the said application inform the applicant of the further

documents/details if any required from him for processing the

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

mns/29.01.2021 W.P(C).No.2360 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 21.3.2018 BEARING NO.1378/1/2018 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2               TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
                         DATED          31/8/2017         BEARING

NO.DEIAA/MAL/EC/019/2017 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3 COPY OF THE JUDGMENT DATED IN W.P.(C).

NO.1154/2021 DATED 19/1/2021 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE