Kerala High Court
Jyothish Kumar.M vs District Level Environment ... on 5 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.5773 OF 2021(V)
PETITIONER/S:
JYOTHISH KUMAR.M,
SANKAR VILAS, URANGATTIRI,
POOVATHIKKAL, MALAPPURAM-673 639.
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.SAJITHA GEORGE
RESPONDENT/S:
1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY (DEIAA),
REPRESENTED BY DISTRICT COLLECTOR,
MALAPPURAM, PINCODE-676 504.
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC),
REPRESENTED BY GEOLOGIST, MALAPPURAM-676 121.
3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY (SEIAA, KERALA),
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM-695 001.
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU,
KANNAMMOOLA ROAD, OVERBRIDGE,
VELAKUDI, TRIVANDRUM-695 024.
BY SRI.RAVI KRISHNAN, GOVERNMENT PLEADER
R3 & R4 BY SRI.M.P.SREEKRISHNAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.5773 of 2021
2
W.P.(C)No.5773 of 2021
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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 him. The SEIAA
shall, on receipt of the said application, inform the petitioner about the
documents/details, if any, required from him 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
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W.P.(C)No.5773 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF QUARRYING LEASE DATED
12.02.2018 EXECUTED BETWEEN THE PETITIONER
AND THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
ENVIRONMENTAL CLEARANCE DATED 23.12.2017
ISSUED TO THE PETITIONER VALID FOR 5 YEARS.
EXHIBIT P2(a) TRUE COPY OF THE RELEVANT PAGES OF
APPLICATION FOR ENVIRONMENTAL CLEARANCE.
EXHIBIT P3 TRUE COPY OF MINUTES OF THE JOINT MEETING
OF SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED
27.02.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN
WPC NO.18929/2020 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 19.01.2021 IN
WPC NO.1304/2021 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED
25.02.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
