Shaji A.K vs Ministry Of Environment Forest & ...
2024 Latest Caselaw 26679 Ker

Kerala High Court

Shaji A.K vs Ministry Of Environment Forest & ... on 5 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) No.43954/2023                          1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
            THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
                                          &
                   THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
               Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
                       IA.NO.7/2024 IN WP(C) NO. 43954 OF 2023(S)

       APPLICANT/PETITIONER:


                SHAJI A.K, AGED 49 YEARS, S/O KURYAKOSE,

                RESIDING AT ARAKKAL HOUSE, PERINKARI PO,

                KANNUR DISTRICT - 670 706.

       RESPONDENTS/RESPONDENTS:

           1. MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE, REPRESENTED BY
              ITS SECRETARY.
           2. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
              DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.
           3. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY
              ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC TERMINAL COMPLEX,
              THAMPANOOR, THIRUVANANTHAPURAM - 695 014.
           4. STATE EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS MEMBER
              SECRETARY, 4TH FLOOR, KSRTC TERMINAL COMPLEX, THAMPANOOR,
              THIRUVANANTHAPURAM - 695 014.
           5. DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND
              GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM
              - 695 004.
           6. GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
              CIVIL STATION, KANNUR - 670 002.
           7. DISTRICT COLLECTOR, KANNUR DISTRICT, CIVIL STATION, KANNUR -
              670 002.
           8. M P LALU, S/O M K PAVITHRAN, MANKUDI HOUSE, KODANAD P.O.,
              KURICHILAKODE, ERNAKULAM DISTRICT - 683 544.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to clarify that the
   time period in between 21/12/2023, the date of filing of the writ petition
   and 08/05/2024, one month from the date of judgment shall be excluded for
   the purpose of calculating the limitation of Annexure A2 before the
   Hon'ble National Green Tribunal.

                                                                  P.T.O.
 WP(C) No.43954/2023                         2/3




        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, this Court's judgment dated
   08/04/2024 and upon hearing the arguments of SRI.P.RAVINDRAN, SENIOR
   ADVOCATE along with M/S. V.HARISH & RAJAN VISHNURAJ, Advocates for the
   applicant in IA/petitioner in WP(C), DEPUTY SOLICITOR GENERAL OF INDIA for
   R1 in IA/WP(C), GOVERNMENT PLEADER for R2, R5 to R7 in IA/WP(C), STANDING
   COUNSEL for R3 & R4 in IA/WP(C) and of M/S. PHILIP J.VETTICKATTU, NEENU
   BERNATH & SAJU S. DOMINIC, Advocates for R8 in IA/WP(C), the court passed
   the following:

                                         ORDER

The period involved before this Court shall be excluded for the

purpose of limitation before the National Green Tribunal.

I.A is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/- SHOBA ANNAMMA EAPEN JUDGE

05-09-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 43954/2023 Annexure A2 TRUE COPY OF THE ORIGINAL APPLICATION FILED BY THE PETITIONER BEFORE THE NGT (WITHOUT ANNEXURE)