Basil N.Paul vs The State Environmental Impact ...
2022 Latest Caselaw 4736 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                       W.P.(C) NO.14307 OF 2022
PETITIONER:

          BASIL N.PAUL,
          AGED 51 YEARS, S/O.PAPPACHAN,
          NJATTUTHOTTIYIL HOUSE,
          KOLENCHERY P.O., ERNAKULAM DISTRICT-682 311.

          BY ADVS.PAUL K.VARGHESE
                  A.A.GEETHA



RESPONDENTS:

    1     THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
          KERALA, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR,
          THAMPANOOR, THIRUVANANTHAPURAM-695 001
          REPRESENTED BY ITS CHAIRMAN.

    2     THE CHAIRMAN,
          STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
          KERALA, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR,
          THAMPANOOR, THIRUVANANTHAPURAM-695 001.

  R1&R2   ADV. M.P. SREEKRISHNAN, STANDING COUNSEL,
          STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY KERALA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  -2-
W.P.(C) NO.14307 OF 2022


                            JUDGMENT

The prayer sought for in this writ petition is expeditious

disposal of Ext.P1 application submitted by the petitioner for

environmental clearance to conduct quarrying operation in the

property comprised in Survey No.149/1 of Moonnilavu Village,

in Meenachil Taluk, Kottayam District. The learned counsel for

the petitioner also submits that, the processing of his

application is in its last stages.

2. Considering the limited prayer sought for, the writ

petition itself can be disposed of by directing the respondents

to pass appropriate orders on the application of the petitioner,

within a time frame.

In such circumstances, this writ petition is disposed of by

directing the respondents to take a decision on Ext.P1

application submitted by the petitioner, in accordance with

law, within a period of three weeks from the date of production

of this judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE bpr

W.P.(C) NO.14307 OF 2022

APPENDIX

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE THE RESPONDENT DATED 12.07.2019.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT SHOWING THE ACKNOWLEDGEMENT OF APPLICATION DATED 12.07.2019.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION GIVEN BY THE ADMINISTRATOR, STATE ENVIRONMENTAL ASSESSMENT AUTHORITY DATED 26.08.2021. EXHIBIT P4 A TRUE COPY OF THE REVISED SITE SPECIFIC CER SUBMITTED BY THE PETITIONER DATED 31.08.2021.

EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY SUPERINTENDING ENGINEER, KUTTANADU DEVELOPMENT CIRCLE, CHENGANNUR KERALA TO THE PETITIONER DATED 26.10.2019. EXHIBIT P6 A TRUE COPY OF THE LETTER SHOWING THE DETAILS REGARDING THE COMPLETION OF THE WORK ISSUED TO THE PETITIONER SENT BY THE SUPERINTENDING ENGINEER KUTTANADU DEVELOPMENT CIRCLE, CHENGANNUR, KERALA DATED 21.11.2019.

EXHIBIT P7 A TRUE COPY OF THE LETTER ISSUED BY THE CONSTRUCTION ENGINEER OF KERALA DEVELOPMENT CORPORATION LTD., ACCEPTING THE TENDER OF THE PETITIONER DATED 17.06.2020. EXHIBIT P8 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY KERALA LAND CORPORATION DATED 17.02.2022. EXHIBIT P9 A TRUE OF THE JUDGMENT IN WPC NO.10051/2022 OF THIS HON'BLE COURT DATED 24.03.2022. EXHIBIT P10 A TRUE COPY OF THE LETTER ISSUED BY THE CONSTRUCTION ENGINEER TO THE PETITIONER DATED 09.03.2022.

EXHIBIT P11 A TRUE COPY OF THE FRONT AS WELL AS RELEVANT PAGE OF THE AJENDA OF THE MEETING OF THE RESPONDENT HELD ON 11TH TO 13TH APRIL, 2022.