Shaju vs The Director Mining And Geology
2021 Latest Caselaw 12760 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
        MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
                         WP(C) NO. 8330 OF 2021
PETITIONER:

            SHAJU,
            AGED 44 YEARS,
            S/O.HAMSA, PATTACHALIL HOUSE, CHITTANDA P.O., CHITTANDA
            VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT

            BY ADV P.M.ZIRAJ



RESPONDENTS:

    1       THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING
            AND GEOLOGY,KESAVADASAPURAM, PATTAOM,
            THIRUVANANTHAPURAM-695 001

    2       THE DISTRICT GEOLOGIST,
            DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680
            020

    3       STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
            (SEIAA),
            DEPARTMENT OF ENVIRONMENT AND FOREST,
            THIRUVANANTHAPURAM-695 001, GOVERNMENT OF KERALA,
            REPRESENTED BY ITS MEMBER SECRETARY.

    4       THE STATE OF KERALA,
            REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
            DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695 001

              GP- SRI.RAVI KRISHNAN.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8330 OF 2021             2



                               JUDGMENT

Dated this the 7th day of June 2021

The petitioner has submitted Ext.P1 application seeking

environmental clearance from 3rd respondent to extract and

remove ordinary earth from the property owned and possessed by

JD Builders and Property Developers in Mulloorkara Village,

Thalappilly Taluk, Thrissur District.

2. It is averred in the Writ Petition that the 3 rd respondent

deferred the consideration of the application on the ground that he

requires additional documents. The petitioner had prepared a

mining plan and produced the same before the 2 nd respondent for

approval, but the 2nd respondent has not considered the said

application on the ground that the National Green Tribunal has

held that there must be distance of more than 200 metres from the

nearest dwelling house and proposed area of mining, and that

the matter is pending consideration before a Division Bench of this

Court.

3. According to the petitioner the distance norms laid down

by the National Green Tribunal has no application to the facts of

the case, because the petitioner only proposes to remove ordinary

earth from the above property and that the decision of the Tribunal

is relating to quarrying and mining of granite building stones.

This Court in Ext.P11 judgment has directed the authority to

consider and pass orders on applications for removal of ordinary

earth without waiting for fresh decision of the National Green

Tribunal as regards distance norms. Hence, the petitioner is

entitled for a similar relief.

4. Having considered the fact that the petitioner has

submitted Ext.P1 application before the 3rd respondent and that

this Court has categorically laid down the law in Ext.P11 judgment

that there is no necessity to comply with the distance norms with

regard to the removal of ordinary earth, I direct the 3 rd respondent

to consider and dispose of Ext.P1 application, taking note of Ext.P9

mining plan and Ext.P11 judgment of this Court, as expeditiously

as possible and at any rate within a period of two months from the

date of receipt of a copy of this judgment.

The Writ Petition is ordered accordingly.

SD/-

C.S.DIAS

JUDGE pm

APPENDIX OF WP(C) 8330/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 5.8.2019

EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER DATED 17.6.2019 EXECUTED BETWEEN THE MANAGING DIRECTOR OF THE PROPERTY MR.SHAJI.T.S. IN FAVOUR OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY DATED 1.3.2019 ISSUED BY THE VILLAGE OFFICER, MULLOORKARA VILLAGE

EXHIBIT P4 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED 1.8.2019 OF THE ABOVE PROPERTY ISSUED BY THE VILLAGE OFFICER, MULLOORKARA VILLAGE

EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH DATED 1.8.2019 OF THE ABOVE PROPERTY ISSUED BY THE VILLAGE OFFICER, MULLOORKARA VILLAGE

EXHIBIT P6 TRUE COPY OF THE NON ASSIGNMENT CERTIFICATE DATED 1.8.2019 OF THE ABOVE PROPERTY ISSUED BY THE VILLAGE OFFICER, MULLOORKARA VILLAGE

EXHIBIT P7 TRUE COPY OF THE FILE STATUS OF THE APPLICATION OF PETITIONER DOWNLOADED FROM THE SITE OF THIRD RESPONDENT

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF COMMUNICATION ISSUED BY THE THIRD RESPONDENT

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF MINING PLAN SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT FOR APPROVAL

EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER OF THE NATIONAL GREEN TRIBUNAL DATED 21.7.2020

EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 2.2.2021 IN WPC NO.1218/2021