Maneesh P. Mohanan vs Union Of India, Represented By The ...
2025 Latest Caselaw 6947 Ker

Citation : 2025 Latest Caselaw 6947 Ker
Judgement Date : 19 June, 2025

Kerala High Court

Maneesh P. Mohanan vs Union Of India, Represented By The ... on 19 June, 2025

WP(C) NO. 14631 OF 2025              1                2025:KER:43876


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947

                        WP(C) NO. 14631 OF 2025

PETITIONER:

          MANEESH P. MOHANAN,
          AGED 42 YEARS
          S/O MOHANAN, RESIDING AT PULICKAMATTATHIL,
          SOUTH MARADY P.O., MUVATTUPUZHA TALUK, MARADY (PART),
          ERNAKULAM,
          PIN - 686673

          BY ADVS.
          SRI.ARUN CHAND
          SHRI.VINAYAK G MENON
          SHRI.BHARAT VIJAY P.
          SHRI.THAREEQ ANVER
          KUM.K.SALMA JENNATH
          SMT.MINU VITTORRIA PAULSON
          SMT.ARCHANA P.P.
          SMT.SHEHROON PATEL A.K.


RESPONDENTS:

    1     UNION OF INDIA, REPRESENTED BY THE SECRETARY,
          MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
          INDIRA PARYAVARAN, JOR BAGH, NEW DELHI, PIN - 110003

    2     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY
          TO GOVERNMENT,
          DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT,
          TRIVANDRUM, PIN - 695001
 WP(C) NO. 14631 OF 2025            2                2025:KER:43876


    3     THE GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
          COLLECTORATE, ERNAKULAM, PIN - 686002

    4     THE KERALA STATE LEVEL EXPERT APPRAISAL COMMITTEE
          (SEAC),
          THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
          K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
          TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN, PIN - 695001

    5     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
          (SEIAA),
          K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
          TRIVANDRUM, REPRESENTED BY ITS SECRETARY, PIN - 695001

    6     THE ENVIRONMENTAL OFFICER,
          STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
          K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
          TRIVANDRUM, PIN - 695001

    7     THIRUMARADY GRAMA PANCHAYAT,
          OFFICE OF THE THIRUMARADY GRAMA PANCHAYAT, THIRUMARADY
          P.O., ERNAKULAM, REPRESENTED BY ITS SECRETARY,
          PIN - 686687

    8     THE SECRETARY,
          THIRUMARADY GRAMA PANCHAYAT, OFFICE OF THE THIRUMARADY
          GRAMA PANCHAYAT, THIRUMARADY P.O., ERNAKULAM,
          PIN - 686687

          BY ADV SHRI.C.DINESH, CGC
OTHER PRESENT:

          SMT.DEEPA NARAYANAN, SR. GP
          SRI.M.P SREEKRISHNAN, SC SEIAA
          SRI.GIGIMON ISSAC, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14631 OF 2025                      3                          2025:KER:43876


                                           JUDGMENT

The petitioner's environmental clearance issued by

the SEIAA was suspended by Ext.P8 order passed by SEIAA.

Petitioner filed Exts.P11 and P13 representations before

the 1st respondent, since the SEIAA is not in office

now. Learned Senior Panel Counsel appearing for the 1st

respondent would submit that representations can be

considered in accordance with law.

2. In the circumstances, there will be a direction to

the 1st respondent to consider Exts.P11 and P13

representations preferred by the petitioner,

expeditiously, at any rate, within a period of two

months from the date of receipt of a copy of this

judgment, after affording an opportunity of being heard

to the petitioner. The petitioner will produce a copy

of this judgment before the 1st respondent, for

necessary compliance.

3. In case, the SEIAA is constituted in the meantime, it WP(C) NO. 14631 OF 2025 4 2025:KER:43876

will be open for the 1st respondent either to transmit

Exts.P11 and P13 representations to the 5th respondent

SEIAA or alternatively, to intimate the SEIAA the

outcome of Exts.P11 and P13 representations.

This WP(C) is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE

ska WP(C) NO. 14631 OF 2025 5 2025:KER:43876

APPENDIX OF WP(C) 14631/2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CONSENT DATED 13/05/2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE EXPLOSIVES LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES Exhibit P3 THE TRUE COPY OF THE D&O LICENSE DATED 08/07/2024 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER Exhibit P4 THE TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 21/02/2024 ALONG WITH THE PROCEEDINGS OF THE 5TH RESPONDENT Exhibit P5 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE VIDE ORDER DATED 19/03/2024 BEARING NO.E1- 401/2024 ISSUED BY THE EXECUTIVE ENGINEER TO THE PETITIONER Exhibit P6 THE TRUE COPY OF THE QUARRYING PERMIT DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER HEREIN Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER DATED 08/01/2025 IN W.P.(C) NO.45706/2024 PASSED BY THIS HON'BLE COURT Exhibit P8 THE RELEVANT PAGES OF THE MINUTES OF THE 153RD MEETING OF THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) HELD ON 21ST AND 22ND FEBRUARY, 2025 DOWNLOADED FROM THE WEBSITE OF SEIAA Exhibit P9 THE TRUE COPY OF THE NOTICE DATED 01/03/2025 VIDE NO.400646/RPTL19/GP OFFICE/2024/1947 ISSUED BY THE 8TH RESPONDENT Exhibit P10 THE TRUE COPY OF THE LETTER DATED 11/03/2025 VIDE NO.2257/EC3/2023/SEIAA ALONG WITH FIELD INSPECTION REPORT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P11 THE TRUE COPY OF THE HALF YEARLY COMPLIANCE WP(C) NO. 14631 OF 2025 6 2025:KER:43876

REPORT SUBMITTED BY THE PETITIONER WITHOUT ANNEXURES BEFORE THE 5TH RESPONDENT Exhibit P12 THE TRUE COPY OF THE EMAIL DATED 14/03/2025 FORWARDED BY THE PETITIONER ATTACHING HALF YEARLY COMPLIANCE REPORT BEFORE THE OFFICIAL EMAIL OF THE 5TH RESPONDENT Exhibit P13 THE TRUE COPY OF THE ADDITIONAL CLARIFICATION AND COMPLIANCE REPORT TO THE HALF YEARLY COMPLIANCE REPORT DATED 14/03/2025 WITH ADDITIONAL DOCUMENTS SUBMITTED BY THE PETITIONER ON 01/04/2025 BEFORE THE 5TH RESPONDENT Exhibit P14 THE TRUE COPY OF THE EMAIL DATED 01/04/2025 FORWARDED BY THE PETITIONER ATTACHING ADDITIONAL CLARIFICATION AND COMPLIANCE REPORT TO THE HALF YEARLY COMPLIANCE REPORT DATED 14/03/2025 WITH ADDITIONAL DOCUMENTS BEFORE THE OFFICIAL EMAIL OF THE 5TH RESPONDENT Exhibit P15 THE TRUE COPY OF THE RE-NOTIFICATION DATED 01/03/2025 PUBLISHED BY THE DIRECTOR, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, GOVERNMENT OF KERALA Exhibit P16 THE TRUE COPY OF THE CIRCULAR DATED 23/10/2017 ISSUED BY THE 1ST RESPONDENT Exhibit P17 THE TRUE COPY OF THE RECEIPT ISSUED FROM PARIVESH WEBSITE MAINTAINED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENT ANNEXURES

Annexure-R1(a) True copy of the Notification S.O. 1886 (E) dated 20.04.2022 Annexure-R1(b) True copy of the O.M. dated 14.05.2020 Annexure-R1(c) True copy of the Notification S.0. 637 (E) dated 28.02.2014