Tomy Thomas vs The State Environment Impact ...
2021 Latest Caselaw 21759 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR. JUSTICE T.R.RAVI
         Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
                          WP(C) NO. 21767 OF 2021(U)
PETITIONER:

     TOMY THOMAS, AGED 54 YEARS, S/O.THOMAS, PULICKAL HOUSE,
     KALATHUKADAVU (PO), ERATTUPETTA, KOTTAYAM - 686 579.

RESPONDENTS:

  1. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA),
     REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4TH
     FLOOR, THAMPANUR, THIRUVANANTHAPURAM - 695 001.
  2. THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
     (SEIAA, KERALA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANUR,
     THIRUVANANTHAPURAM - 695 001.
  3. THE KERALA STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
     REPRESENTED BY ITS CHAIRMAN, THE STATE ENVIRONMENT IMPACT ASSESSMENT
     AUTHORITY (SEIAA, KERALA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR,
     THAMPANUR, THIRUVANANTHAPURAM - 695 001.
  4. K.G.ANILKUMAR, AGED 56 YEARS, S/O.GOPINATHAN NAIR, KIZHAKKEMALA
     PROTECTION COUNCIL, KALLARAYATHU HOUSE, THALAPPALAM, PLASSANAL P.O.,
     KOTTAYAM - 686 579.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to circulate among the members of the
1st respondent Exhibit P19 decision of the 3rd respondent and to take a
decision thereupon in accordance with condition No.8 (ii) of the
Environmental Impact Assessment Notification 2006 in accordance with the
decisions issued by this Hon'ble Court in Exhibit P7 and P16 judgments
pending disposal of the writ petition.


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
29/10/2021 and upon hearing the arguments of M/S.JOBI JOSE KONDODY &
P.DEEPAK, Advocates for the petitioner, STANDING COUNSEL for R1 to R3 (By
Order) and of M/S.P.B.SAHASRANAMAN & T.S.HARIKUMAR, Advocates for R4, the
court passed the following:
                                       T.R. RAVI, J.
                      --------------------------------------------
                     W. P. (C). Nos. 21767 & 19657 of 2021
                         --------------------------------------------
                    Dated this the 2nd day of November, 2021

                                       ORDER

Pursuant to the orders issued on 29.10.2021, the learned

standing counsel for the 1st respondent on instructions submits that

a search is already initiated for the purpose of reconstitution and

they may not be able to clearly state as to when the reconstitution

will be completed. It is further submitted that it is for the State

Government to decide on such issues.

The 1st respondent in WP(C) No.19657/2021 to get specific

instructions regarding the reconstitution of the authority.

Post on 16.11.2021.

H/o.

Sd/-

T.R. RAVI JUDGE

Pn

02-11-2021 /True Copy/ Assistant Registrar