Thomas Joseph vs State Level Environment Impact ...
2022 Latest Caselaw 3989 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                         WP(C) NO.11215 OF 2022
PETITIONER :-

             THOMAS JOSEPH, AGED 59 YEARS
             S/O. JOSEPH, RESIDING AT MANAYANIKKAL HOUSE,
             KUMARAMANGALAM, VENGALOOR P.O., THODUPUZHA,
             IDUKKI DISTRICT-685 584

             BY ADVS.
             PHILIP J.VETTICKATTU
             SAJITHA GEORGE


RESPONDENTS :-

      1      STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
             (SEIAA KERALA), 4TH FLOOR,
             KSRTC BUS TERMINAL COMPLEX, TRIVANDRUM-695 001,
             REPRESENTED BY ITS MEMBER SECRETARY

      2      DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT
             AUTHORITY (DEIAA KERALA), ERNAKULAM,
             REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR,
             ERNAKULAM, CIVIL STATION, KAKKANAD-682 030

             SRI.M.P.SREEKRISHNAN, SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.11215 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking the following relief :-

"(i) Issue a Writ of mandamus or such other writ or order or directing the 1st respondent to issue certificate of Deemed Environmental Clearance in tune with Exhibit P4 recommendation, with respect to the quarry project of the petitioner forthwith.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. The learned counsel for the petitioner submits that

the petitioner had approached the DEAC for an Environmental

Clearance and the same had been granted on 30.7.2018. It is

stated that the petitioner had approached the respondents

seeking the issuance of a certificate of deemed Environmental

Clearance. The 1st respondent had refused to consider the

same and had treated the request of the petitioner as an

application for a fresh Environmental Clearance. It is

submitted that the issue stands covered by Ext.P11 judgment

of this Court in Joseph v. State Level Environment Impact

Assessment Authority [2022 (1) KLT 927]. It is submitted WP(C) NO.11215 OF 2022

that the judgment of a Division Bench of this Court in DEIAA

and others v. M/s.Amma Rock Products India Pvt. Ltd.

also covers the issue. It is submitted that the said judgment is

authority on the point that if an application is made before the

appropriate authority and if the application is not considered

within the statutory period, then a clearance is deemed to

have been issued.

4. The learned Standing Counsel for the respondents

submits that an appeal has been preferred against Ext.P11

judgment and that the question whether the request of the

petitioner is to be considered as a fresh application for

Environmental Clearance is not settled as yet.

5. Having considered the contentions advanced and in

view of the findings in Ext.P11 judgment, I am of the opinion

that the request made by the petitioner is liable to be

considered in accordance with law.

There will, accordingly, be a direction that the

request of the petitioner is to be taken up and appropriate

orders will be passed thereon in accordance with law, taking

note of the deeming provision as well. Orders shall be passed WP(C) NO.11215 OF 2022

within a period of one month from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/8.4.2022 WP(C) NO.11215 OF 2022

APPENDIX OF WP(C) 11215/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER OF INTENT DATED 02.03.2018 ISSUED BY THE SENIOR GEOLOGIST

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF FORM IM APPLICATION SUBMITTED BY THE PETITIONER

Exhibit P3 A TRUE COPY OF THE PRE-FEASIBILITY REPORT PREFERRED BY THE PETITIONER

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DECISION TAKEN BY THE DEAC IN ITS 23RD MEETING DATED 30.07.2018

Exhibit P5 A TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN TRIBUNAL DATED 13.9.2018

Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 29.10.2018 ISSUED BY THE 1ST RESPONDENT

Exhibit P7 A TRUE COPY OF THE ORDER DATED 11.12.2018 PASSED BY THE NATIONAL GREEN TRIBUNAL

Exhibit P8 A TRUE PHOTOCOPY OF THE NOC ISSUED BY THE DISTRICT COLLECTOR ON 29.12.2016

Exhibit P9 A TRUE PHOTOCOPY OF THE ORDER DATED 02.06.2020 ISSUED BY THE DISTRICT COLLECTOR ERNAKULAM

Exhibit P10 A TRUE COPY OF ONE OF SUCH REPRESENTATION DATED 22.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P11 A TRUE PHOTOCOPY OFT HE JUDGMENT DATED 14.02.2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12031 OF 2021