Jacob Barry vs State Environmental Impact ...
2022 Latest Caselaw 3621 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 29201 OF 2021
PETITIONER:

          JACOB BARRY
          AGED 57 YEARS
          BARRY ESTATE, KATTUSSERY.P.O,
          ALATHUR, PALAKKAD DISTRICT,PIN-678542.
          BY ADVS.
          BABY KURIAKOSE
          M.V.ASHIM


RESPONDENTS:

    1     STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY ,
          REPRESENTED BY ITS CHAIRMAN,SEIAA OFFICE, TRANSPORT
          BHAVAN, THAMPANOOR,
          THIRUVANANTHAPURAM-695001.
    2     THE STATE ENVIRONMENT ASSESSMENT COMMITTEE,
          REPRESENTED BY ITS MEMBER SECRETARY, SEIAA OFFICE,
          TRANSPORT BHAVAN,
          THAMPANOOR, THIRUVANANTHAPURAM-695001.
          BY SRI.M.P. SREEEKRISHNAN, STANDING COUNSEL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29201 OF 2021

                                            2



                       JUDGMENT

Dated this the 24th day of March, 2022

This writ petition is filed seeking the

following relief:

"i.Issue a writ of mandamus or other writ or order, directing the 1st respondent to issue Environmental Clearance to the operation of quarry of the petitioner."

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the

respondents.

3. It is submitted by the learned counsel

appearing for the petitioner that an application submitted

by the petitioner for Environmental Clearance has been

accepted by the SEIAA as proposal

No.SIA/KL/MIN/163190/2020 and file No. has been

allotted as 1750/EC1/2020/SEIAA.

4. The learned Standing Counsel for the SEIAA

submits, on instructions, that the application submitted

by the petitioner had been considered in the 124 th

meeting of the SEIAA held in September 2021 and that WP(C).No.29201 OF 2021

the petitioner had been directed to furnish certain details

which have not been furnished by the petitioner so far. It

is submitted that in case the required details are

furnished by the petitioner, the application will be

considered in accordance with law.

In the above view of the matter, this writ

petition is disposed of, directing that in case the required

materials are duly produced by the petitioner, the SEIAA

will take up the application submitted by the petitioner

and pass orders on the same, in accordance with law

without undue delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/03 WP(C).No.29201 OF 2021

PETITIONER'S EXHIBITS:

TRUE COPY OF THE 'MINING MATE Exhibit P1 CERTIFICATE' OBTAINED BY THE PETITIONER DATED 26/09/2012 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 7/2/2007 ISSUED BY THE PETITIONER BY THE Exhibit P2 JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI TRUE COPY OF THE LETTER OF INTENT DATED Exhibit P3 20/1/2020 ISSUED TO THE PETITIONER BY THE MINING AND GEOLOG DIRECTOR.

TRUE COPY OF THE LETTER Exhibit P4 NO.DOP/2072/2019/A1 DATED 30/6/2020 BY THE GEOLOGIST PALAKKAD.

TRUE COPY OF THE RELEVANT PAGE OF THE Exhibit P5 WEBSITE, SHOWING THE POSITION OF THE PETITIONER'S APPLICATION.

    RESPONDENTS' EXHIBITS:    NIL



    SSK                   //TRUE COPY//      PA TO JUDGE