Kerala High Court
Abdussalam. P vs Director Mining And Geology on 20 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
WP(C) NO. 14317 OF 2023
PETITIONER/S:
ABDUSSALAM. P., AGED 44 YEARS
S/O ALI P.P PARAPPIL HOUSE,
KALANTHODE ,NIT P.O, KOZHICODE.,
PIN - 673601
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENT/S:
1 DIRECTOR MINING AND GEOLOGY
OFFICE OF THE DIRECTOR,
DEPARTMENT OF MJNNING AND GEOLOGY,
THIRUVANANTHAPURAM ., PIN - 695004
2 DISTRICT GEOLOGIST
MINING AND GEOLOGY, MINI CIVIL STATION,
MAN]ERI, MALAPPURAM ., PIN - 675604
3 DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
CIVIL STATION, MALAPPURAM
REPRESENTED BY ITS CHAIRMAN, PIN - 675604
4 STATE ENVIRONMENTAL IMPACT ASESSMENT AUTHORITY,
4TH FLOOR,KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM ,REPRESENTED
BY ITS MEMBER SECRETARY, PIN - 695001
5 STATE LEVEL EXPERT APPRAISAL COMMITTEE
STATE LEVEL EXPERT APPRAISAL COMMITTEE,
4TH FLOOR., KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, REPRESENTED BY
ITS CHAIRMAN, PIN - 695001
6 DISTRICT LEVEL APPRAISAL COMMITTEE
DISTRICT LEVEL APPRAISAL COMMITTEE CIVIL
STATION,MALAPPURAM REPRESENTED BY
ITS SECRETARY., PIN - 675604
-2-
W.P.(C). No. 14317 of 2023
OTHER PRESENT:
SC M.P. SREEKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 14317 of 2023
VIJU ABRAHAM, J.
======================================================
W.P.(C) No. 14317 of 2023
=============================================================
Dated this the 20th day of April, 2023
JUDGMENT
The above writ petition is filed seeking a direction to the 4 th
respondent for revalidation of Ext.P2 Environmental Clearance
within a time limit. The petitioner submits that in similar cases,
this Court has interfered and passed orders as evident from
Ext.P4. The learned Standing Counsel for the 4 th respondent
would submit that appropriate decision will be taken on the
request made by the petitioner.
2. In a series of writ petitions, WP(C) No.1154 of 2021
and connected cases, seeking similar reliefs, this Court has
directed the entrepreneurs to file application before the 4 th
respondent seeking revalidation of the environment clearance
certificate already issued to them, and the same has been directed
to be considered. There is no reason to deviate therefrom.
W.P.(C). No. 14317 of 2023
In the result, this writ petition is disposed of with the
following directions:
1. The petitioner may prefer an application before the
4th respondent seeking revalidation of the environment
clearance certificate already issued to them.
2. The 4th respondent shall consider such application on
arriving at the life of the project and pass orders within
four months from the date of receipt of the application.
3. If any further details are required from the petitioner
for passing orders on the application, the same shall be
intimated to the petitioner within two weeks from the
receipt of the application referred to in clause (I)
above.
4. On such details being furnished, the 4th respondent
shall consider such application on arriving at the life of
the project and pass orders within four months.
sd/-
VIJU ABRAHAM
JUDGE
das
W.P.(C). No. 14317 of 2023
APPENDIX OF WP(C) 14317/2023
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE ORDER DATED 23/2/2018
BEARING NO:786/2017-
18/9304/M3/2016/DMG ISSUED BY THE FIRST
RESPONDENT
Exhibit- P 2 TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE DATED 31/8/2017 BEARING NO:
DEIAA/ MAL/ EC/019/2017 ISSUED BY THE
THIRD RESPONDENT
Exhibit-P3 TRUE COPY OF THE LICENSE ISSUED BY THE
SECRETARY, KANNAMANGALAM GRAMA
PANCHAYATH DATED 27/3/2023 BEARING
NO:B2-1267/2023-42/2023-24
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED IN
W.P(C) NO: 12668/2021 DATED 24/6/2021
OF THIS HON'BLE COURT
