Rkp Minerals And Metals Pvt. Ltd vs State Environmental Impact ...
2022 Latest Caselaw 405 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                           WP(C) NO. 14 OF 2022


PETITIONER:

              M/S.RKP MINERALS AND METALS PVT. LTD
              POWDIKONAM P.O., KERALADITHYAPURAM,
              TRIVANDRUM 695 587
              REPRESENTED BY ITS MANAGING DIRECTOR

              BY ADVS.
              PHILIP J.VETTICKATTU
              SAJITHA GEORGE



RESPONDENTS:

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

     2        STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
              REPRESENTED BY ITS CHAIRMAN,
              PALLIMUKKU, KANNAMOOLA ROAD,
              OVERBRIDGE, VELAKKUDI,
              THIRUVANANTHAPURAM, PIN 695 024

     3        THE DIRECTOR
              MINING AND GEOLOGY DIRECTORATE,
              PATTOM PALACE P.O, TRIVANDRUM 695 004

              SRI.K.M.FAIZAL, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14 OF 2022
                                        2




                                 T.R. RAVI, J.
                  --------------------------------------------
                           W. P. (C). No. 14 of 2022
                   --------------------------------------------
                   Dated this the 13th day of January, 2022

                                  JUDGMENT

The writ petition has been filed with the following prayers:

"i) Issue a Writ of Mandamus or any other writ, order or direction directing the 1st respondent to consider and dispose of Ext.P4 application forthwith with notice to the petitioner;

ii) Issue a Writ of Mandamus or any other writ, order or directions directing the respondents to extend the validity of the Environmental Clearance of the petitioner, on the same terms and conditions of Ext.P2 for a period of two more years."

2. Similar issue was considered by this Court in W.P.(C).

No.30004/2021 and by Ext.P5 judgment this Court had allowed the

writ petition directing the 1st respondent to take up the

representation submitted by the petitioner and consider and pass

orders on the same in accordance with law within a period of six

weeks from the date of reconstitution.

3. In the case on hand, the Environmental Clearance was

originally valid till 23.03.2021 and on the basis of the order of the WP(C) NO. 14 OF 2022

Central Government dated 18.01.2021, the validity stands extended

till 22.03.2022.

In the above circumstances, the writ petition is disposed of

directing the 1st respondent to take up Ext.P4 application for

extension of validity of the Environmental Clearance and consider and

pass orders on the same in accordance with law, within a period of

six weeks from the date of reconstitution of the 1st respondent.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 14 OF 2022

APPENDIX OF WP(C) 14/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF QUARRYING PERMIT DATED 09-01-2020 ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DATED 24-3-2018

Exhibit P3 TRUE COPY OF QUARRYING PERMIT DT 25-10-2021 WHICH IS VALID UPTO 11-2-2022

Exhibit P4 TRUE COPY OF APPLICATION IN FORM 6 FOR EXTENSION OF VALIDITY OF ENVIRONMENTAL CLEARANCE DATED 21-12-2021

Exhibit P5 TRUE COPY OF JUDGMENT DATED 23-12-2021 PASSED BY THIS HON'BLE COURT IN W.P(C0 NO. 30004/2021