T.A Shanmughadas vs Union Of India
2023 Latest Caselaw 13513 Ker

Citation : 2023 Latest Caselaw 13513 Ker
Judgement Date : 21 December, 2023

Kerala High Court

T.A Shanmughadas vs Union Of India on 21 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.35912/2023 1/3 Order Date : 21-12-2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

Thursday, the 21st day of December 2023 / 30th Agrahayana, 1945
WP(C) NO. 35912 OF 2023
PETITIONER:

T.A SHANMUGHADAS, AGED 67 YEARS, S/O ANDIKUTTY, THANDASSERY (H), POST
POOMALA, THEKKUMKARA VILLAGE,THRISSUR, PIN - 680581.

RESPONDENTS:

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW
DELHI,PIN-110003.
2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
FOREST AND WILDLIFE, SECRETARIAT, TRIVANDRUM, PIN - 695001.
3. THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY 4TH FLOOR, KSRTC
COMPLEX, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN -
695036
4. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND
GEOLOGY, KESAVADASAPURAM, PATTOM P.O,THIRUVANANTHAPURAM, PIN - 695004.
5. DISTRICT GEOLOGIST, THRISSUR, DEPARTMENT OF MINING & GEOLOGY, MINI CIVIL
STATION, 1ST FLOOR, CHEMPOOKAVU, THRISSUR, PIN - 680020.
6. CHIEF WILDLIFE WARDEN FOREST
HEADQUARTERS,VAZHUTHACAUD,THIRUVANANTHAPURAM,PIN - 695014
7. M/S B & B GRANITES REPRESENTED BY ITS MANAGING PARTNER MR.BAIJU KJ HOUSE
NO.11/384, VATTAI, KUNDUKADU POST,THEKKUMKARA,THRISSUR,PIN - 680589.
8. ADDL.R8. THE KERALA STATE POLLUTION CONTROL BOARD, THRISSUR, REPRESENTED
BY THE ENVIRONMENTAL ENGINEER, THRISSUR - 680655. (SUO MOTU IMPLEADED AS
PER ORDER DATED 20-11-2023)

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 1)
stay the operation of Exhibit P1, 2) direct the respondents No.1 to 6 to ensure
that no mining is done by the 7th respondent in the land covered by Exhibit P1
EC, without obtaining prior permission from the standing committee of national
board for wildlife as mandated in exhibit p12 office memorandum, pending
consideration of this writ petition, in the interest of justice, equity and
good conscience.

This petition again coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this court's order dated 20.11.2023
and upon hearing the arguments of M/S V.HARISH, RAJAN VISHNURAJ, JUHI JAYAPALAN
& ASWATHY CHANDRAN Advocates for the petitioner, SRI. SUNIL.J,(CGC)for R1, M/S.
PHILIP J.VETTICKATTU, NEENU BERNATH, SAJU S. DOMINIC Advocates for R7, the
court passed the following:
WP(C) No.35912/2023 2/3 Order Date : 21-12-2023

MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.35912 of 2023
-------------------------------------------------
Dated this the 21st day of December, 2023

ORDER

Sri.V.Harish, the learned counsel for the

petitioner referring to the judgment of the Hon'ble

Supreme Court in State of Bihar and Others v.

Pawan Kumar and Others [2021 KHC 6690] and the

provisions contained in Ext.P5 notification submits that

the District survey report is mandatory for issuance of

appraisal of the project by the SEIAA. The learned

counsel further submits that this has not been done in

the case on hand.

2. The 3rd respondent to place on record an

affidavit explaining the said contentions of the

petitioner on or before 09.01.2024.

Post on 10.01.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C) No.35912/2023 3/3 Order Date : 21-12-2023

APPENDIX OF WP(C) 35912/2023 Exhibit P1 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE NO.

22/Q/2022 DATED 25.01.2023 ISSUED TO THE 7TH RESPONDENT BY THE 4TH RESPONDENT Exhibit P12 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 17.05.2022 ISSUED BY THE 1ST RESPONDENT