Kerala High Court
Vintu Thomas vs The District Collector on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 24th day of March 2022 / 3rd Chaithra, 1944
WP(C) NO. 4249 OF 2022(E)
PETITIONER:
VINTU THOMAS, AGED 35 YEARS , S/O. THOMAS, VAZHAYIL HOUSE,
CHEMPENTHOTTY P. O., KARAYATHUMCHAL, KANNUR DISTRICT - 670 631.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
THAVAKKARA, KANNUR, KERALA - 670 002.
2. THE ADDITIONAL DISTRICT MAGISTRATE , CIVIL STATION, KANNUR - 670
002.
3. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND
GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P. O., THIRUVANANTHAPURAM -
695 004.
4. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, E - BLOCK, KANNUR - 670 002.
5. THE DEPUTY DIRECTOR OF MINE SAFETY, SOUTHERN ZONE, BENGALURU, 7TH
FLOOR, SIR VISVESWARAYA KENDRIYA BHAWAN, 1ST STAGE NEAR DOMLUR FLY
OVER, BENGALURU, KARNATAKA - 56007.
6. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
REPRESENTED BY ITS CHAIRMAN, K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH
FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001.
7. THE KERALA STATE POLLUTION CONTROL BOARD , REPRESENTED BY
ENVIRONMENTAL ENGINEER, KANNUR DISTRICT OFFICE, 6TH FLOOR, RUBCO
HOUSE, SOUTH BAZAAR, KANNUR - 670 002.
8. THE SREEKANDAPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, DHARMASALA, KANNUR UNIVERSITY P. O.,
SREEKANDAPURAM - 670 631.
9. JOSEPH T. T. , S/O. THOMAS T. V., THENGANAMKUNNEL HOUSE, NEDIYANGA
P. O., KANNUR DISTRICT - 670 631.
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 to 8 to stop the functioning of the
quarry unit of the 9th respondent, pending disposal of the above Writ
Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. ABDUL JAWAD K., A.GRANCY JOSE Advocates for the petitioners,
GOVERNMENT PLEADER for respondents 1 to 4, ASSISTANT SOLICITOR GENERAL OF
INDIA for respondent 5, STANDING COUNSEL for respondent 6,STANDING COUNSEL
for respondent 7 and of SHRI. M.RAMESH CHANDER SENIOR ADVOCATE along with
M/S. BALU TOM & BONNY BENNY, Advocates for the respondent 9, the court
passed the following:
T.R. RAVI, J.
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W. P. (C). No. 4249 of 2022
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Dated this the 24th day of March, 2022
ORDER
The learned counsel for the 9 th respondent seeks time to file
counter affidavit. The petitioner submits that apart from the fact
that EC was granted by the DEIAA regarding whose jurisdiction
there is already a judgment of the National Green Tribunal, there is
also an issue of non-compliance with the conditions laid down in
the EC, by the 9th respondent.
2. In the circumstances, there will be a direction to the
respondents 1, 4 & 6 to ensure that the conditions in the EC are
complied with. This order is without prejudice to the contention of
the petitioner that the EC itself is invalid.
Post on 25.05.2022.
H/o.
Sd/-
T.R. RAVI
JUDGE
Pn
24-03-2022 /True Copy/ Assistant Registrar
