Rajagiri Granites vs Kerala State Single Window ...
2021 Latest Caselaw 9092 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                      WP(C).No.3415 OF 2021(B)


PETITIONER:

              RAJAGIRI GRANITES, KAMMALY, KANAMVAYAL P.O.,
              CHERUPUZHA, KANNUR DISTRICT-670 511, REPRESENTED BY
              ITS MANAGING PARTNER.

              BY ADVS.
              SRI.GEORGE POONTHOTTAM (SR.)
              SMT.NISHA GEORGE
              SRI.J.VISHNU

RESPONDENT:

              KERALA STATE SINGLE WINDOW CLEARANCE BOARD
              KESTON ROAD, KANANAKA NAGAR, KOWDIAR,
              THIRUVANANTHAPURAM, KERALA-695 033, REPRESENTED BY
              ITS CHAIRMAN.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3415 OF 2021(B)

                                      2

                          Sathish Ninan, J.
                  ==============================
                      W.P.(C) No.3415 of 2021
                    ==========================
              Dated this the 18th day of March, 2021

                                  JUDGMENT

The District Single Window Clearance Board,

Kannur rejected the application of the petitioner

seeking permission for operation of quarry.

Challenging the rejection, the petitioner preffered an

appeal before the respondent. The appeal was disposed

of on 04.01.2021, as per a single lined order, which

reads thus:

"Board agreed with the observation of

District Single Window Clearance Board and

directed the proponent to obtain

environmental clearance from SEIAA".

2. As rightly contended by Sri.George

Poonthottam, the learned senior counsel appearing for

the petitioner, evidently there is non-consideration

of the grounds urged in the appeal. The order is

liable to be interfered with on that sole ground, and

I do so.

WP(C).No.3415 OF 2021(B)

Accordingly, the writ petition is allowed. Ext

P15 order of the respondent dated 04.01.2021 is

quashed. The respondent shall pass fresh orders after

hearing the petitioner; needless to add that, the

grounds urged shall be dealt with.

                              Sd/-       Sathish Ninan, Judge

   vdv
 WP(C).No.3415 OF 2021(B)




                           APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1          TRUE COPY OF THE NOTICE NO.A1-3010/15

DATED 28.11.2015 ISSUED BY THE SECRETARY, CHERUPUZHA GRAMA PANCHAYAT.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.A1.1116/16 DATED 29.02.2016 ISSUED BY THE SECRETARY, CHERUPUZHA GRAMA PANCHAYT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.NIL DATED 20.05.2017 ISSUED BY THE PRESIDENT, CHERUPUZHA GRAMA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF THE LETTER OF INTENT NO.DOC/M-2943/2017 DATED 22.12.2017 ISSUED BY THE DISTRICT GEOLOGIST.

EXHIBIT P5 TRUE COPY OF THE PERMISSION ORDER NO.PCB/KRN/ICO-4/444/2016 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 01.03.2018.

EXHIBIT P6 TRUE COPY OF THE EXPLOSIVE LICENSE NO.E/SC/KL/22/1526(E 58939) ISSUED BY THE MINISTRY DATED 14.03.2018.

EXHIBIT P7 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.7/2018 DATED 23.02.2018 ISSUED BY DEIAA, KANNUR.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 05.03.2018 SUBMITTED BY THE PETITIONER BEFORE THE SINGLE WINDOW CLEARANCE BOARD, KANNUR.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.NIL DATED 30.06.2018 ISSUED BY THE PRESIDENT, CHERUPUZHA GRAMA PANCHAYT.,

EXHIBIT P10 TRUE COPY OF THE CLEARANCE CERTIFICATE NO.B4/883/18 DATED NIL ISSUED BY THE DISTRICT SINGLE WINDOW CLEARANCE BOARD.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.11275/2019 DATED 16.06.2020 PASSED WP(C).No.3415 OF 2021(B)

BY THIS HON'BLE COURT.

EXHIBIT P12 TRUE COPY OF THE DECISION BEARING FILE NO.DICKNR/817/2020-B4 DATED 13.10.2020 ISUSED BY THE DISTRICT SINGLE WINDOW CLEARANCE BOARD, KANNUR.

EXHIBIT P13 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 12.11.2020.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN WPC NO.25353/2020 DATED 17.12.2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, DATED 04.01.2021.