Kerala High Court
Ottapalam Taluk Karingal Quarry ... vs State Environmental Impact ... on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.36701/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA,
1946
WP(C) NO. 36701 OF 2024
PETITIONER:
OTTAPALAM TALUK KARINGAL QUARRY OPERATORS
INDUSTRIAL CO-OPERATIVE SOCIETY LTD. ,
VADANAMKURISSI, PALAKKAD REPRESENTED BY ITS
PRESIDENT, SUKUMARAN, S/O.KRISHNANKUTTY, AGED
63 YEARS, RESIDING AT KOTTAPADY HOUSE,
VADANAMKURISSI P.O., SHORNUR, PATTAMBI TALUK,
PALAKKAD DISTRICT, PIN - 679121
BY ADVS. P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT,
AUTHORITY(SEIAA)
DEPARTMENT OF ENVIRONMENT AND FOREST, KERALA,
BUS TERMINAL COMPLEX, 4TH FLOOR,
THIRUVANANTHAPURAM- REPRESENTED BY ITS MEMBER
SECRETARY., PIN - 695001
2 KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER, PIN - 678001
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, SULTANPET,
PALAKKAD, KERALA, PIN - 678001
4 THE DIRECTOR,
MINING AND GEOLOGY , KESAVADASAPURAM, PATTOM
PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004
W.P.(C).No.36701/2024
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5 STATE OF KERALA ,REPRESENTED BY SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT
OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
6 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,
NEW DELHI, PIN - 110993
SRI.B.S.SYAMANTHAK, GP, SRI.M.P.SREEKRISHNAN,
SC, SRI.T.C.KRISHNA, DSGI, SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C).No.36701/2024
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JUDGMENT
The petitioner submitted an application dated
6.9.2024 before the 2nd respondent to renew Ext.P3 consent
to operate the quarry by considering the period of extension
of one year for all licenses and permits based on Exts. P6 and
P7 notifications. The grievance of the petitioner is that, the
2nd respondent has not considered and disposed of the said
application so far.
Having heard the learned counsel for the petitioner,
the learned Standing Counsel for the 2 nd respondent and the
learned Government Pleader, this writ petition is disposed of
with a direction to the 2nd respondent to consider the
application filed by the petitioner on 6.9.2024, to renew
Ext.P3 consent, after hearing the petitioner, in accordance
with law, within a period of two weeks from the date of
receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:82835
APPENDIX OF WP(C) 36701/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE DATED 7.5.2018 ISSUED BY THE
DISTRICT ENVIRONMENTAL IMPACT
ASSESSMENT AUTHORITY, PALAKKAD
Exhibit P2 TRUE COPY OF THE LETTER OF INTENT
DATED 15.02.2024 ISSUED BY THE THIRD
RESPONDENT
Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE
–RENEWAL ISSUED BY THE SECOND
RESPONDENT DATED 25.3.2024
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF D&O
LICENCE DATED 30.3.2024 ISSUED BY THE
SECRETARY, KULAKKALLUR GRAMA
PANCHAYATH
Exhibit P5 TRUE COPY OF THE QUARRYING PERMIT
DATED 09.04.2024 ISSUED BY THE THIRD
RESPONDENT
Exhibit P6 TRUE COPY OF THE NOTIFICATION S.O. 221
(E ) DATED 18.01.2021 ISSUED BY THE
JOINT SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE
Exhibit P7 TRUE COPY OF THE NOTIFICATION G.O.
(RT)NO.203/2021/ID DATED 12.2.2021
ISSUED BY THE INDUSTRIES DEPARTMENT
Exhibit P8 TRUE COPY OF THE ORDER NO.125/2023-
24/GBS/DOPAL-DMG1244812023-M DATED
25.03.2024 ISSUED BY THE THIRD
RESPONDENT
Exhibit P9 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 21.03.2024 IN
W.P (C). NO.10493 OF 2024
Exhibit P10 TRUE COPY OF THE RECEIPT DATED
06.09.2024 ISSUED BY THE SECOND
RESPONDENT TO THE PETITIONER REGARDING
RECEIPT OF APPLICATION
2024:KER:82835
Exhibit P11 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 7.1.2022 IN WPC
NO.46 OF 2022
