M K Biju vs The District Collector
2024 Latest Caselaw 10599 Ker

Kerala High Court

M K Biju vs The District Collector on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 15035 OF 2024
PETITIONER:

          M K BIJU
          KARTHIKA GRANITE QUARRY,KUTTIKKAD P.O,KADAKKAL, PIN -
          691536

          BY ADVS.
          PHILIP J.VETTICKATTU
          NEENU BERNATH
          SAJU S. DOMINIC


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          KOLLAM COLLECTORATE,KOLLAM, PIN - 691013

    2     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
          SECRETARIAT, TRIVANDRUM., PIN - 695001

    3     STATE OF KERALA
          KERALA, REPRESENTED BY ITS SECRETARY, REVENUE
          DEPARTMENT, SECRETARIAT, TRIVANDRUM., PIN - 695001

    4     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
          TRIVANDRUM., PIN - 695001


OTHER PRESENT:

          SR.GP - ASWIN SETHUMADHAVAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.15035 of 2024              2



                     VIJU ABRAHAM,J
                  -------------------
               W.P.(C).No.15035 of 2024
           ----------------------------------
         Dated this the 11th day of April, 2024

                             JUDGMENT

Petitioner has approached this Court seeking a

direction to the 1st respondent to consider and

pass orders on Ext.P18 request submitted by the

petitioner seeking extension of time limit for

obtaining Environmental Clearance and commencement

of quarrying operation, which has been made as

conditions in Exts.P1,P4 and P6 NOC granted by the

1st respondent.

2. Petitioner would contend that application

for Environmental Clearance is pending

consideration before the SEIAC.

3. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to

dispose of the writ petition with a direction to

the 1st respondent to consider and pass orders on

Ext.P18, in accordance with law, taking into

consideration Exts.P10 to P13 and after affording

an opportunity of being heard to the petitioner.

A decision in this regard shall be taken within an

outer limit of 2 months from the date of receipt

of a copy of the judgment. Till a decision is

taken as directed above, no steps shall be taken

to cancel the NOC on the ground that petitioner

has not obtained Environmental Clearance and has

not commenced quarrying operation.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 15035/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOC ISSUED BY THE 1 ST RESPONDENT DATED 14-8-2014

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 6-2- 2018 MODIFYING EXT.P1

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF QUARRY LEASE DATED 17-2-2018, EXECUTED BY THE COMPETENT AUTHORITY

Exhibit P4 TRUE COPY OF THE NOC BEARING NO.L12- 108650/18, DATED 30-1-2019 ISSUED BY THE 1 ST RESPONDENT

Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 1 ST RESPONDENT, BEARING NO.L12/111641/18, DATED 5-6-2020

Exhibit P6 TRUE COPY OF THE NOC BEARING NO.

L.12/111641/18, DATED 2-8-2019 ISSUED BY THE 1 ST RESPONDENT

Exhibit P7 TRUE COPY OF THE LETTER OF INTENT BEARING NO.5916/M3/2020, DATED 12-1- 2021 ISSUED BY THE DIRECTOR, MINING & GEOLOGY,

Exhibit P8 TRUE COPY OF THE INTIMATION ISSUED BY THE DISTRICT GEOLOGIST APPROVING THE MINING PLAN WITH RESPECT TO THE APPLIED AREA DATED 9-10-2023

Exhibit P9 TRUE COPY OF THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DOWNLOADED FROM THE OFFICIAL WEB SITE OF SEIAA

Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF 152 ND MINUTES OF SEAC

Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF 156 TH MEETING OF SEAC

Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF 159

TH MEETING, WHICH IS HELD ON 19 TH , 20 TH AND 21 ST FEBRUARY, 2024

Exhibit P13 TRUE COPY OF THE STATUS OF APPLICATION DOWNLOADED FROM THE OFFICIAL PORTAL OF THE SEIAA

Exhibit P14 TRUE COPY OF THECONSIDERING THE APPLICATION HAD ISSUED PROCEEDING BEARING NO.DCKLM/4063/L.12, DATED 3-4-

Exhibit P15 TRUE COPY OF THE PROCEEDING BEARING NO.DCKLM.5896/2023/L12, DATED 16-8-2023

Exhibit P16 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5449/2020, DATED 11-3-2020

Exhibit P17 TRUE COPY OF THE SAID CIRCULAR DATED 1- 11-2023

Exhibit P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 15-3-2024

Exhibit P19 TRUE COPY OF THE RECEIPT DATED 15-3- 2024 SHOWING ACKNOWLEDGEMENT OF EXT.P18