Kerala High Court
Tomy Thomas vs The State Environment Impact ... on 29 October, 2021
WP(C) No.21767/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 29th day of October 2021 / 7th 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
directions issued by this Hon'ble Court in Exhibit P7 and P16 judgments
pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) 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:
WP(C) No.21767/2021 2/3
T.R.RAVI, J.
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WP(C) NO.21767 of 2021 &
WP(C) No.19657 of 2021
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Dated this the 29th day of October, 2021
ORDER
Sri.M.P Sreekrishnan, Standing Counsel for the 1 st respondent
submits that the term of the present Authority is already over and
it is in the process of re-constitution. The counsel to get specific
instructions as to when the Authority is likely to be re-constituted.
It is submitted by the counsel for the petitioner in WP(C)
No.19657/2021 that the quarry is functioning on the basis of the
temporary permission granted by this Court in the judgment in
WP(C) No.14072 of 2020 and that the respondents who are duty
bound as per the directions to monitor the functioning of the
quarry are not doing so and the petitioner in W.P.(C)21767/2021 is
permitted to continue the functioning of the quarry without
necessary licence.
Post on 02.11.2021. The respondents to ensure that
condition No.3 in paragraph No.9 of the judgment in WP(C)
No.14072 of 2020 is strictly complied with in the meanwhile.
Sd/-
T.R.RAVI
sn JUDGE
29-10-2021 /True Copy/ Assistant Registrar
WP(C) No.21767/2021 3/3
Exhibit P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 04/10/2019
PASSED BY THE LEARNED SINGLE JUDGE IN WP(C) NOS.15505
OF 2016, 31684 OF 2016 AND 25529 OF 2019.
Exhibit P16 A TRUE COPY OF THE COMMON JUDGMENT DATED 22/10/2020
PASSED BY THE LEARNED DIVISION BENCH OF THIS HON'BLE
COURT IN W.A.NO.1392/2020 AND 1393/2020.
Exhibit P19 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF
123RD MEETING OF THE SEAC KERALA HELD ON 27TH TO 30TH
JULY, 2021.
