Kerala High Court
M/S.Muliyan Crusher vs District Level Environment ... on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.6838 OF 2021(D)
PETITIONER:
M/S.MULIYAN CRUSHER
CHEMBAN THOTTI,
KOKKAYI P.O, KANNUR-670331.
REPRESENTED BY ITS MANAGING PARTNER SRI. M .PRASAD.
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.SAJITHA GEORGE
RESPONDENTS:
1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY
(DEIAA), REPRESENTED BY DISTRICT COLLECTOR, KANNUR,
CIVIL STATION, KANNUR-670002.
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE
(DEAC), REPRESENTED BY GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, KANNUR-670002.
3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY(SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC
BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695001.
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA
ROAD, OVERBRIDGE, VELAKUDI,
TRIVANDRUM-695024.
OTHER PRESENT:
G.P SRI RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).No.6838 OF 2021(D)
SATHISH NINAN, J.
==================
W. P. (C) No.6838 of 2021
==================
Dated this the 17th day of March, 2021
JUDGMENT
The petitioner seeks for re-validation of the
environment clearance certificate, for the life of the
project.
2. In T. Mathew Abraham v. State Level Environment Impact
Assessment Authority and Ors. [2020 (6) KLT 302], this Court
directed the State Environment Impact Assessment
Authority (SEIAA) to consider the application 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 application. Formal application needs to
be filed before the SEIAA seeking re-validation of the
Environment Clearance Certificate already issued to the
petitioner.
3. Taking note of the aforesaid facts, I deem it
appropriate to dispose of this writ petition also in
line with the directions issued in the judgment
WP(C).No.6838 OF 2021(D)
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, on receipt of the said
application inform the petitioner of the further
documents/details, if any, required from him for
processing his application, within 2 weeks therefrom.
Thereafter, on receipt of the information called for,
the SEIAA shall consider that 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/-
SATHISH NINAN
JUDGE
rsr
WP(C).No.6838 OF 2021(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING
LEASE DATED 8/9/2017.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
ENVIRONMENTAL CLEARANCE DATED 1/7/2017
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 & SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED
27/02/2019.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 2.11.2020
IN WPC NO. 18929/2020 OF THIS HON'BLE
COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.02.2021
IN WPC NO.3908/2021 OF THIS HON'BLE COURT.
