Haridasan.T vs Director
2023 Latest Caselaw 5610 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                     WP(C) NO. 15457 OF 2023
PETITIONER/S:

            HARIDASAN.T, AGED 53 YEARS
            S/O DAMODARAN, THAROL,EKAROOL P.O, UNNIKULAM ,
            KOZHICODE, PIN - 673574
            BY ADVS.
            MANSOOR.B.H.
            SAKEENA BEEGUM

RESPONDENT/S:

    1       DIRECTOR,
            MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE
            DIRECTOR,DEPARTMENT OF MINING AND GEOLOGY,
            THIRUVANANTHAPURAM, PIN - 695004
    2       DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
            (DEIAA),CIVIL STATION,KOZHICODE REPRESENTED BY
            ITS CHAIRMAN, PIN - 673020
    3       STATE LEVEL EXPERT APPRAISAL COMMITTEE
            4TH FLOOR,KSRTC BUS TERMINAL COMPLEX,
            THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN,
            PIN - 695001
    4       STATE ENVIRONMENTAL IMPACT ASESSMENT AUTHORITY
            4TH FLOOR,KSRTC BUS TERMINAL COMPLEX,
            THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER
            SECRETARY, PIN - 695001
    5       THE GEOLOGIST
            DEPARTMENT OF MINING & GEOLOGY, THE BAY END
            FLOOR, C BLOCK, CIVIL STATION,KOZHIKODE, PIN -
            673020
            SRI.SYAMANTHAK B.S., GOVT.PLEADER

     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   12.05.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 15457/2023

                                      2




              SHOBA ANNAMMA EAPEN, J.
                ------------------------------------
                 WP(C) No.15457 of 2023
               -------------------------------------
           Dated this the 12th day of May, 2023


                          JUDGMENT

The petitioner seeks for re-validation of

Ext.P2 environment clearance certificate issued to

the quarry being conducted by him, for the life of

the project, in the light of Ext.P3 Mining Life

Certificate.

2. In T. Mathew Abraham v. State Level Environment Impact Assessment Authority and Ors. [2020 (6) KLT 302], this Court has declared the entitlement of the entrepreneur for issuance of

environment clearance for the life of the project

as may be estimated by the State Environment Impact

Assessment Authority (SEIAA). The SEIAA is to

estimate the life of the project with due WPC 15457/2023

consideration to the recommendations of the State

Expert Appraisal Committee (SEAC).

3. In a series of writ petitions (WP(C)

1154/2021 and connected cases) seeking similar

relief, this Court has directed the entrepreneurs

to file applications before the SEIAA seeking

revalidation of the environment clearance

certificates already issued to them and the same

have been directed to be considered. There is no

reason to deviate therefrom.

In the result, the writ petition is disposed

of with the following directions:-

(i) The petitioner may prefer an

application before the SEIAA seeking revalidation

of the environment clearance certificate already

issued to them.

(ii) SEIAA 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.

WPC 15457/2023

(iii) 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.

(iv) On such details being furnished, the

SEIAA shall consider such application on arriving

at the life of the project and pass orders within

four months.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE jg WPC 15457/2023

APPENDIX OF WP(C) 15457/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 7/3/2018 BEARING NO:821/2017- 18/1107/M3/2017/DMG ISSUED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.21/DEIAA/KL/MIN/5709/2017 DATED 9/1/2018 ISSUED BY THE SECOND RESPONDENT Exhibit P3 A COPY OF THE CERTIFICATE ISSUED BY THE FOURTH RESPONDENT BEARING NO DOZ/M- 137/2017 DATED 1/11/2022