David P.V vs Ministry Of Environment, Forest ...
2022 Latest Caselaw 1868 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO. 28536 OF 2020
PETITIONER:

              DAVID P.V.,
              AGED 61 YEARS
              S/O.VARGHESE, PALLIYAN HOUSE, PERUVAKA, ARATTUTHARA POST,
              WAYANAD DISTRICT.

              BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

     1        MINISTRY OF ENVIRONMENT,
              FOREST AND CLIMATE CHANGE
              REPRESETNED BY ITS SECRETARY,
              3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH
              ROAD, ALIGANJ, NEW DELHI-110003.

     2        THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE,
              NATIONAL BOARD OF WILD LIFE,
              REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), 3RD
              FLOOR, VAYU WING,
              INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,
              ALIGANJ, NEW DELHI-110003.

     3        STATE OF KERALA,
              REPRESENTED BY CHIEF SECRETARY,
              SECRETARIAT, THIRUVANANTHAPURAM-695001.

     4        THE SECRETARY,
              FOREST, WILDLIFE AND ENVIRONMENT DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
 WP(C) NO. 28536 OF 2020




     5       THE STATE BOARD OF WILDLIFE,
             REPRESENTED BY ITS MEMBER SECRETARY,
             PCCF AND CHIEF WILDLIFE WARDEN,
             FOREST HEADQUARTERS, VAZHUTHACAUD,
             THIRUVANANTHAPURAM-695014.

     6       WILDLIFE WARDEN,
             WAYANAD WILDLIFE SANCTUARY,
             SULTHAN BATHERI, WAYANAD-673592.

     7       THE DIRECTOR,
             DIRECTORATE MINING AND GEOLOGY,
             PATTOM PALACE P.O., KESAVADASAPURAM,
             THIRUVANANTHAPURAM-695004.

     8       THE GEOLOGIST,
             MINING AND GEOLOGY DISTRICT OFFICE,
             KALPETTA, WAYANAD-673121.

             SRI.APPU P S, GP, SRI.MANU S, ASGI



      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    18.02.2022,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 28536 OF 2020




                            JUDGMENT

Dated this the 18th day of February, 2022

The writ petition is dismissed granting liberty to the

petitioner to invoke his available remedies for challenging the

requirement of approval by the National Board of Wildlife.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 28536 OF 2020

APPENDIX OF WP(C) 28536/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 04.01.2018.

EXHIBIT P2 TRUE COPY OF THE CONSENT OF POLLUTION CONTROL BOARD DATED 26.08.2020.

EXHIBIT P3 TRUE COPY OF THE MUNICIPAL LICENSE DATED 16.10.2020.

EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 19.08.2020.

EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 11.03.2019.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 26.11.2019.

EXHIBIT P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 7TH RESPONDENT DATED 18.11.2020.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF THE APPLICATION.

EXHIBIT P10 TRUE COPY OF THE RECEIPT OBTAINED FROM THE PORTAL WITH RESPECT TO FP/KL/MIN/4693/2019 DATED 26.11.2019.

EXHIBIT P11 TRUE COPY OF THE RECEIPT OBTAINED FROM THE PORTAL WITH RESPECT TO FP/KL/MIN/5756/2021 DATED 02.03.2021

EXHIBIT P12 TRUE COPY OF THE RECEIT ISSUED BY THE 6TH RESPONDENT WITH RESPECT TO THE ACCEPTANCE OF THE HARDCOPIES DATED 24.02.2021 WP(C) NO. 28536 OF 2020

EXHIBIT P13 TRUE COPY OF THE RECEIPT ISSUED BY THE KOTTIYOOR WILDLIFE WARDEN OF ARALAM WILDLIFE DIVISION WITH RESPECT TO THE ACCEPTANCE OF THE HARDCOPIES DATED 02.03.2021.

RESPONDENT'S/S EXHIBITS : NIL