Kerala High Court
Saiju Lekshman vs The District Collector, Kollam on 11 June, 2024
WP(C) No.11697/2024 1/4 Order Date : 11-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 11th day of June 2024 / 21st Jyaishta, 1946
WP(C) NO. 11697 OF 2024
PETITIONER:
SAIJU LEKSHMAN, AGED 59 YEARS,S/O. LEKSHMANAN,AKKAVILA
HOUSE,ERAVIPURAM P.O, KOLLAM, PIN - 691011
RESPONDENT:
THE DISTRICT COLLECTOR, KOLLAM CIVIL STATION, KOLLAM, PIN - 691013
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 direct the respondent to provisionally enlarge the period for
production of copy of environmental clearance as per condition No. 1 in
Exhibit P1, P3 and P4 for a further period as prayed for in Exhibit P14,
during pendency of this Writ Petition (Civil).
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
22.03.2024 and upon hearing the arguments of SRI.GEORGE POONTHOTTAM SENIOR
ADVOCATE along with M/S.ALEX.M.SCARIA, SARITHA THOMAS & SAHL ABDUL KADER,
Advocates for the petitioner and of GOVERNMENT PLEADER for the respondent,
the court passed the following:
WP(C) No.11697/2024 2/4 Order Date : 11-06-2024
C.JAYACHANDRAN, J.
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W.P.(C) Nos.11697, 12469 & 13382 of 2024
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Dated, this the 11th June, 2024
O R D E R
This Court by order dated 26.03.2024, directed the
respondent/Collector to consider and pass orders
in Ext.P22 within a period of two months from the
date of the order. The said period expired on
26.05.2024. The order was not complied with. Nor
was any application filed seeking extension of
time.
2. Today, when the matter is taken up for
consideration, learned Government Pleader handed
over a letter issued by the respondent/District
Collector to the Advocate General, seeking more
time to comply with Ext.P22, a copy of which is
marked as Court Ext.X1 in W.P.(C)No.12469/2024.
WP(C) No.11697/2024 3/4 Order Date : 11-06-2024
W.P.(C)Nos.11697, 12469 & 13382 of 2024
- 2 -
3. The stand adopted by the respondent/Collector
cannot be appreciated by any yardstick. The reason
stated for extension of time is also not
convincing. If there was any stumbling block for
the District Collector in considering and passing
orders in Ext.P22, the same could have been
disposed of stating such reason, provided the same
is legally recognizable. Having not done so, this
Court is of the opinion that, the conduct of the
respondent/District Collector amounts to contempt,
prima facie.
For considering further action, post on 24.06.2024.
Sd/-
C.JAYACHANDRAN
JUDGE
TR
WP(C) No.11697/2024 4/4 Order Date : 11-06-2024
APPENDIX OF WP(C) 11697/2024
Exhibit P1 TRUE COPY OF THE NOC DATED 09.02.2018 BEARING
NO.L12-50250/2017
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 09.10.2019 IN
W.P(C)NO.20730 OF 2019(M) OF THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 4.1.2020 BEARING NO.
L-12-113409/2019.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 26.3.2022 WITH
BEARING NO.L.12/113409/19.
Exhibit P5 TRUE COPY OF THE LETTER OF INTENT DATED 1.12.2022 WITH
BEARING NO.DMG/2247/2022-M1.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 17.3.2023, BEARING
NO. DCKLM.3077/2023/L.12.
Exhibit P7 TRUE COPY OF THE LETTER DATED 21.3.2023 WITH BEARING
NO.1772/DOQ/S2/2020.
Exhibit P8 TRUE COPY OF THE CERTIFICATE DATED 23.3.2023 BEARING
NO.1772/DOQ/S2/2020.
Exhibit P9 TRUE COPY OF THE SCREEN SHOT OF THE SUBMISSION OF THE
APPLICATION FOR ENVIRONMENTAL CLEARANCE.
Exhibit P10 TRUE COPY OF LETTER, OF APPROVAL OF TOR, DATED
6.11.2023 ISSUED FROM SEIAA.
Exhibit P11 TRUE COPY OF THE LETTER DATED 2.2.2024 BEARING
NO.PCB/HO/PH-SL/KLM/2024.
Exhibit P12 TRUE COPY OF THE PAPER PUBLICATION DATED 02/02/2024
PCB/HO/PH-SL/KLM/2024 PUBLISHED IN MATHUBHOOMI DAILY.
Exhibit P13 TRUE COPY OF THE NOTICE AFFIXED AT VARIOUS OFFICES
INCLUDING THAT OF THE OFFICE OF THE DISTRICT COLLECTOR.
Exhibit P14 TRUE COPY OF THE APPLICATION DATED 5.1.2024 BEFORE THE
RESPONDENT.
Exhibit P15 TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE
THRIKKOVILVATTOM GRAMA PANCHAYAT DATED 3.4.2023 FOR
CONDUCTING CRUSHER UNIT.
Exhibit P16 TRUE COPY OF THE LICENSE ISSUED FROM THRIKKOVILVATTOM
GRAMA PANCHAYAT DATED 3.4.2023 FOR CONDUCTING M-SAND
UNIT.
Exhibit P17 TRUE COPY OF THE RELEVANT RECORD DATED 07/03/2024
SHOWING THAT THE PETITIONER IS INDEBTED TO FEDERAL
BANK.
Exhibit P18 TRUE COPY OF THE RELEVANT RECORD SHOWING THAT THE
PETITIONER IS INDEBTED TO HDFC BANK.
Exhibit P19 TRUE COPY OF THE RELEVANT RECORD DATED 07/03/2024
SHOWING THAT THE PETITIONER IS INDEBTED TO ICICI BANK.
Exhibit P20 TRUE COPY OF THE DEMAND DRAFT FOR RS. 4 LAKHS.
Exhibit P21 TRUE COPY OF THE JUDGMENT IN WPC NO. 5449 OF 2020 DATED
11/03/2020 PASSED BY THIS HON'BLE COURT.
