Ulahannan vs The Director Of Mining And Geology ...
2022 Latest Caselaw 7071 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
           Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
                         WP(C) NO. 19710 OF 2022(K)
PETITIONER:

     ULAHANNAN, AGED 52 YEARS, S/O JOSEPH, EDAPUTHUSSERIYIL VEEDU,
     THALAPPUZHA, VALAT P O, WAYANAD DISTRICT-670644.

RESPONDENTS:

  1. THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA,
     KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM - 695001.
  2. THE DISTRICT GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING
     AND GEOLOGY, MEENANGADI, WAYANAD - 670644.
  3. STANDING COMMITTEE FOR NATIONAL BOARD FOR WILD LIFE, MINISTRY OF
     ENVIRONMENT FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN,
     JORBAGH ROAD, NEW DELHI - 110 003, REPRESENTED BY ITS MEMBER
     SECRETARY.
  4. THE CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, VAZHUTHACAUD,
     THIRUVANANTHAPURAM-695014.
  5. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM -
     695001.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 and 2 to finalize the processing of
application for quarry lease by executing quarry lease without insisting
for clearance from SCNBWL, pending disposal of the above Writ Petition.
     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.PHILIP J.VETTICKATTU & SAJITHA GEORGE, Advocates for the petitioner,
the court passed the following:



                                                                 P.T.O.
                          N.NAGARESH, J.
              ------------------------------------------------
                   W.P.(C).No.19710 of 2022
            -------------------------------------------------
            Dated this the 17th day of June, 2022



                               ORDER

The counsel for the petitioner placed before me the

recent judgment of the Honourable Supreme Court in

T.N.Godavarman Thirumulpad v. Union of India reported in

[2022 (3) KLT Online 1032 (SC)], wherein it has been

specifically held that mining permits shall not be issued within

one kilometre distance of Sanctuaries or within the specified

ESZ which is earmarked by the authorities, whichever is

farther. The petitioner points out that as far as his case is

concerned, the distance is more than 5 Kilometres away from

Kottiyoor National Park and 7 Kilometers away from Aralam

National Park and even going by the recent Supreme Court W.P.(C).No.19710 of 2022

Judgment, there can be no insistence of any clearance.

Necessary instructions shall be obtained within two weeks.

Post after two weeks.

sd/-

N.NAGARESH, JUDGE hmh

17-06-2022 /True Copy/ Assistant Registrar