Kerala High Court
Manickal Grama Panchayath vs Single Window Clearance Board on 28 May, 2024
WP(C) No.10381/2024 1/5 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 10381 OF 2024
PETITIONERS:
1. MANICKAL GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,PIRAPPANCODE
P.O, THIRUVANANTHAPURAM, PIN - 695607.
2. THE SECRETARY, MANICKAL GRAMA PANCHAYATH, PIRAPPANCODE P.O,
THIRUVANANTHAPURAM, PIN - 695607.
3. THE PRESIDENT, MANICKAL GRAMA PANCHAYATH,PIRAPPANCODE
P.O,THIRUVANANTHAPURAM, PIN - 695607.
RESPONDENTS:
1. SINGLE WINDOW CLEARANCE BOARD, REPRESENTED BY ITS CONVENER,DISTRICT
INDUSTRIES CENTRE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.
2. THE CONVENER SINGLE WINDOW CLEARANCE BOARD, DISTRICT INDUSTRIES
CENTRE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.
3. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICTOFFICE,
KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN - 695004.
4. THE DIRECTOR, MINING & GEOLOGY DEPARTMENT, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN - 695004.
5. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DISTRICT CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043.
6. THE STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA)
REPRESENTED BY ITS MEMBER SECRETARY, DIRECTORATE OF ENVIRONMENTAL
AND CLIMATE CHANGE ,4TH FLOOR, KSRTC BUS TERMINAL, THAMPANOOR
THIRUVANANTHAPURAM,PIN - 695001.
7. ENVIRONMENTAL ENGINEER DISTRICT OFFICE, KERALA STATE POLLUTION
CONTROL BOARD, THIRUVANANTHAPURAM, PIN - 695004.
8. NITHISH BABU B.S., AGED 33 YEARS, B.S, S/O K. BABU PILLAI, VILAYIL
VEEDU, KUTHIRAKULAM, PIRAPPANCODE P.O, THIRUVANANTHAPURAM, PIN -
695607.
9. MINISTRY OF ENVIRONMENTAL FOREST AND CLIMATE CHANGE, REPRESENTED BY
ITS SECRETARY,INDIRA PARYAVAHAN BHAVAN, JORBHAG ROAD NEW DELHI, PIN
- 110003.
10. STATE EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS MEMBER
SECRATAY,4TH FLOOR, KSTRC TERMINAL COMPLEX, THAMPANUR,
THIRUVANATHAPURAM, PIN - 695014.
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 Ext P4 deemed license and Ext P18
environmental clearance pending disposal of the above Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's orer dated
WP(C) No.10381/2024 2/5 Order Date : 28-05-2024
27.03.2024 and upon hearing the arguments of SMT. RESHMA E., Advocate for
the petitioners, M/S. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S.
DOMINIC, Advocates for the respondents, the court passed the following:
WP(C) No.10381/2024 3/5 Order Date : 28-05-2024
VIJU ABRAHAM,J
--------------------
WP(C)(C).Nos.10381 & 1157 of 2024
--------------------------------------
Dated this the 28th day of May, 2024
ORDER
The matter was heard at length when the matter came
up for consideration on earlier occasion. Among other
grounds raised, it is seen that specific contention
raised regarding cluster formation and submitted that
there are two other licensed quarries within the close
proximities of the 8th respondent's quarry, as is evident
from Ext.P10. The allegation that the issue regarding
cluster formation and existence of 2 other licensed
quarries within the close proximities of the 8 th
respondent's quarry has not been considered while
granting Environmental Clearance.
In view of the above, necessary instructions are to
be obtained from the 6th respondent, the State Level
Environment Impact Assessment Authority (SEIAA).
Therefore, the 6th respondent shall get instructions and
file a statement/counter affidavit within a period of 2
weeks. After the statement/counter affidavit filed,
matter may be posted before the court as per roster.
sd/-
VIJU ABRAHAM,
JUDGE
pm
WP(C) No.10381/2024 4/5 Order Date : 28-05-2024
APPENDIX OF WP(C) 10381/2024
Exhibit P1 THE TRUE COPY OF THE APPLICATION FOR LICENSE DATED
30.01.2023 SUBMITTED BY THE 8TH RESPONDENT
Exhibit P2 THE TRUE COPY OF LETTER DATED 10.02.2023 ISSUED BY THE
2ND PETITIONER TO THE 8TH RESPONDENT NOTING THE DEFECTS
IN THE EXTP1 APPLICATION
Exhibit P3 THE TRUE COPY OF THE SINGLE WINDOW APPLICATION FORM
DATED 17.02.2023 SUBMITTED BY THE 8TH RESPONDENT
THROUGH K-SWIFT INTERFACE
Exhibit P4 THE TRUE COPY OF THE LICENSE ISSUED TO THE 8TH
RESPONDENT THROUGH K-SWIFT INTERFACE DATED 27.03.2023
Exhibit P5 THE TRUE COPY OF COMMON JUDGMENT DATED 19.08.2020 IN
W.P(C)NO.15809/2020&W.P(C)NO.17181/2019
Exhibit P6 THE TRUE COPY OF THE LETTER DATED 01.09.2023 SENT BY
THE 1ST PETITIONER TO CONVENOR, DISTRICT SINGLE WINDOW
CLEARANCE BOARD
Exhibit P7 THE TRUE COPY OF THE CONSENT LETTER DATED 05.08.2022
ISSUED BY THE 7TH RESPONDENT POLLUTION CONTROL BOARD TO
THE QUARRY OF THE 8TH RESPONDENT
Exhibit P8 THE TRUE COPY OF THE REQUEST LETTER DATED 19.10.2023
SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF THE RELEVANT PAGE OF GUIDELINE ISSUED
BY KILA WHICH ALL ARE NECESSARY TO BE FOLLOWED WHILE
GRANTING LICENSE
Exhibit P10 THE TRUE COPY OF THE SITE PLAN DRAWN BY THE SITE
ENGINEER LTD & EW SECTION OF THE PETITIONER PANCHAYAT
Exhibit P11 THE TRUE COPY OF GOOGLE EARTH SATELLITE IMAGES PLOTTED
WITH BORDER POINTS OF THE 8TH RESPONDENT'S QUARRY AND 2
NEIGHBORING QUARRIES
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION DATED
15.01.2016 ISSUED BY THE 9TH RESPONDENT
Exhibit P13 A TRUE COPY OF NOTIFICATION DATED 01.07.2016 BY THE 9TH
RESPONDENT
Exhibit P14 A TRUE COPY OF NOTIFICATION DATED 25.07.2018 ISSUED BY
9TH RESPONDENT
Exhibit P15 A TRUE COPY OF OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY 9TH RESPONDENT
Exhibit P16 THE TRUE COPY OF ENVIRONMENT CLEARANCE DATED 02.08.2022
ISSUED BY THE 6TH RESPONDENT
Exhibit P17 THE TRUE COPY OF THE INTERIM ORDER DATED 22.12.2023 IN
WP ( C ) 43954 OF 2023
Exhibit P18 THE TRUE COPY OF THE INTERIM ORDER DATED 23.02.2024 IN
WP ( C ) 43954 OF 2023 OF THIS HON'BLE COURT
Exhibit R8(c) True copy of the certificate issued by the authority
competent as to whether any mineral concession is
existing within 500meters dated 03-01-2020
Exhibit R8(d) True copy of the relevant pages of Quarry Lease
executed on 26-6- 2023, and ending on 25-6-2028
Exhibit R8(e) True copy of the consent to operate issued by the
Pollution Control Board dated 5-8-2022, which is valid
upto 30-11-2024
WP(C) No.10381/2024 5/5 Order Date : 28-05-2024
Exhibit R8(f) True copy of the Explosive license issued by the
competent authority dated 22-6-2022, which is valid
upto 31-3-2026
Exhibit R8(a) True copy of the list of documents downloaded from the
profile of K-SWIFT portal of the R1
Exhibit R8(b) True copy of the NOC dated 28-1O-2OO4 issued by the
District Collector with respect to the above area
Exhibit R8(g) True copy of the screenshot of the KSWIFT portal
