Chandukutty vs Dr.H.Nagesh Prabhu
2022 Latest Caselaw 4172 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
          CONTEMPT CASE(C) NO. 2129 OF 2021(S) IN WP(C) 5572/2019

PETITIONER/PETITIONER

     CHANDUKUTTY, AGED 57 YEARS,S/O. KELAPPAN, RESIDING AT SOWPARNIKA,
     THEVARKKAD, EDAKKARA P.O., CHELLANNUR, KOZHIKODE-673 616.

    BY ADVS.V.HARISH,RAJAN VISHNURAJ
RESPONDENT/3RD RESPONDENT

     DR.H.NAGESH PRABHU,THE CHAIRMAN, KERALA STATE ENVIRONMENTAL IMPACT
     ASSESSMENT AUTHORITY, 4TH FLOOR, K.S.R.T.C BUS TERMINAL COMPLEX,
     THAMPANOOR , THIRUVANANTHAPURAM 695 001.

     BY SRI.M.P.SREEKRISHNAN,STANDING COUNSEL

     This Contempt of court case (civil) having come up for orders on
07.04.2022, the court on the same day passed the following:
                     ALEXANDER THOMAS, J.
             -----------------------------------------------------
          Contempt of Court Case (Civil) No.2129 of 2021
         [arising out of judgment dated 28.02.2020 in W.P.(C) No.5572/2019]
                  --------------------------------------------
                    Dated this the 07th day of April, 2022



                                  ORDER

Sri. M. P. Sreekrishnan, learned Standing Counsel for the Kerala

State Environmental Impact Assessment Authority would submit on the

basis of instructions that, earlier, the said authority has granted

environmental clearance in favour of R8, but without hearing the

petitioner herein (objector), which was not in compliance with the

directions of this Court in the instant judgment dated 28.02.2020 in

W.P.(C)No.5572/2019. On being aware of the said omission, the

respondent authority has issued a communication to the District

Geologist, concerned, on 18.02.2022, instructing that further steps for

proceeding with on the basis of the Environmental Clearance may not

be taken and further the authority had convened a meeting which was

initially scheduled to be held on 06.04.2022 which had to be postponed

on account of the illness the mother of the Chairperson of the Authority

and that the meeting is now scheduled to be held on 23.04.2022 in

which the steps for recalling the Environmental Clearance will be

considered and thereafter notice of hearing will be issued to the project

proponent and the objector (petitioner herein) and pass fresh orders

on the issue of Environmental Clearance (EC) etc. Further that 5 to 6

weeks' in that regard, may be required to complete these formalities.

2. The aforesaid submissions, made on behalf of the

respondent authority are recorded.

List on 01.06.2022.

Hand Over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE Skk//11042021

07-04-2022 /True Copy/ Assistant Registrar