A.H. Asurabi vs The Ministry Of Environment ...
2023 Latest Caselaw 5378 Ker

WP(C) No.14488/2023                           1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
             Tuesday, the 25th day of April 2023 / 5th Vaisakha, 1945
                            WP(C) NO. 14488 OF 2023(I)
   PETITIONER:

          A.H.ASURABI, W/O. ABDUL NOUSHAD ( LATE), MOOLAYIL HOUSE, VALAVU,
          MULLOORKKARA P.O., THRISSUR, PIN - 680 583.

   RESPONDENTS:

      1. THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA
         PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS
         SECRETARY, PIN - 110 003.
      2. STANDING COMMITTEE FOR NATIONAL BOARD FOR WILD LIFE ,MINISTRY OF
         ENVIRONMENT FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN,
         JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS MEMBER SECRETARY, PIN -
         110 003.
      3. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
         4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, TRIVANDRUM, REPRESENTED BY
         ITS MEMBER SECRETARY, PIN - 695 001.
      4. THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA,
         KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 001.
      5. THE CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, VAZHUTHACAUD,
         THIRUVANANTHAPURAM, PIN - 695 014.
      6. DIVISIONAL FOREST OFFICER, THRISSUR DIVISION, KALYAN NAGAR,
         AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003.
      7. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.


        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 stay the operation of condition No.3(3) in Ext.P2 till 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 & NEENU BERNATH, Advocates for
   the petitioner, the court passed the following:

                                          ORDER

Post on 24.05.2023. In the meanwhile, in view of Ext.P12 judgment of this Court, there will be an interim stay as sought for.

                                                    Sd/- MOHAMMED NIAS C.P. JUDGE


25-04-2023                      /True Copy/                               Assistant Registrar
 WP(C) No.14488/2023                 2/2

                       APPENDIX OF WP(C) 14488/2023
Exhibit P2            TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED

11/10/2022 ISSUED BY THE 3 RD RESPONDENT WITH VALIDITY FOR 5 YEARS Exhibit P12 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN A SIMILAR CASE BEARING WP(C)NO. 1651/2023 DATED 16/2/2023