M/S Al Jouf Granite Metals vs District Level Environment ...
2021 Latest Caselaw 7629 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                    WP(C).No.5700 OF 2021(J)

PETITIONER:

               M/S AL JOUF GRANITE METALS
               VEZHAKKODE, POOVATHIKKAL P.O., AREACODE VIA,
               MALAPPURAM 673 639
               REP.BY ITS MANAGING PARTNER.
               SRI. P.T.ASHRAF

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

RESPONDENTS:

      1        DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT
               AUTHORITY
               (DEIAA), REP. BY DISTRICT COLLECTOR,
               MALAPPURAM, PIN CODE 676 504

      2        DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE
               (DEAC), REP.BY GEOLOGIST, MALAPPURAM 676 121.

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

      4        STATE LEVEL EXPERT APPRAISAL COMMITTEE
               REP.BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA
               ROAD, OVERBRIDGE, VELAKUDI, TRIVANDRUM 695 024.

               SRI. M.P. SREEKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.5700 OF 2021(J)                      2


                              W.P.(C) No.5700 of 2021
                           --------------------------------------


                                      JUDGMENT

The issue raised in the writ petition is covered by the

judgment of this Court in W.P.(C) No.18929 of 2020 and

connected cases.

2. In the circumstances, the writ petition is disposed

of in tune with the directions in W.P.(C) No.18929 of 2020 and

connected cases, and directing the petitioner to prefer an

application before the SEIAA for revalidation of the Environmental

Clearance granted to them. The SEIAA shall, on receipt of the

said application, inform the petitioner about the

documents/details, if any, required from them for processing the

application and a final decision on the application shall be taken

within four months from the date of furnishing of the documents

and details called for from the petitioner.

Sd/-

P.B.SURESH KUMAR JUDGE ds 04.03.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF QUARRYING LEASE DT.

12.2.2018 EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT OF KERALA.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 1.12.2017 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.

EXHIBIT P2 (A) TRUE COPY OF THE RELEVANT PAGES OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 7.6.2017

EXHIBIT P3 TRUE COPY OF MINUTES OF THE MEETING OF SEIAA DATED 31.10.2014

EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27.2.2019

EXHIBIT P5 TRUE COPY OF JUDGMENT DT. 2.11.2020 IN W.P.(C) NO.18929/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DT. 19.1.2021 IN W.P.(C) NO.1304/2021 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 25.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.