Kerala High Court
M/S.P.S.N.Educational And Charitable ... vs Union Of India on 25 August, 2025
2025:KER:64718
WP(C) NO. 35065 OF 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
WP(C) NO. 35065 OF 2017
PETITIONER:
M/S.P.S.N.EDUCATIONAL AND CHARITABLE TRUST
REG. NO.97/2000, PSN BUILDING, 4TH FLOOR, NO.12, COURT
ROAD, NAGARCOIL- 629 001,
REPRESENTED BY ITS MANAGING TRUSTEEE.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.ARJUN SANTHOSH
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF
INDIA,MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE,NEW DELHI - 110 003.
2 THE STATE ENVIRONMENT IMPACT - ASSESSMENT AUTHORITY
(SEIAA) (KERALA)
THIRUVANANTHAPURAM - 695 581, REPRESENTED BY ITS
MEMBER SECRETARY.
3 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
KERALA,THIRUVANANTHAPURAM - 695 024,
REPRESENTED BY ITS SECRETARY.
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
OTHER PRESENT:
SMT.O.M.SHALINA, DSGI - R1
SRI.E.G.GORDEN,SENIOR GOVERNMENT PLEADER R2 & R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:64718
WP(C) NO. 35065 OF 2017
2
JUDGMENT
This writ petition is filed challenging Exts.P20 and P21, whereby the petitioner's application for environmental clearance was rejected by the 2nd and 3rd respondents.
2. The petitioner's case is that they approached the authority with sufficient documents, produced as Exts.P1 to P15, particularly Ext.P15, which is a resolution passed by the Vadasserikkara Panchayat to constitute a committee for excluding certain areas not affected by the Kasturirangan Report. Pursuant to this, a No Objection Certificate was issued to the petitioner on 10.03.2016.
3. It is further submitted that, based on the No Objection Certificate issued by the Government, the petitioner proceeded to establish auxiliary institutions such as a nursing college, dental college, etc. At this stage, the petitioner contends that an opportunity should be granted to approach the authority once again, especially since Exts.P20 and P21 were issued without affording the petitioner a proper opportunity of being heard.
4. Taking note of the circumstances, I deem it 2025:KER:64718 WP(C) NO. 35065 OF 2017 3 appropriate to set aside Exts.P20 and P21 for the limited purpose of reconsideration, after examining the documents submitted by the petitioner particularly in light of the fact that the Government has already issued a No Objection Certificate to similar institutions on the very same property.
5. Accordingly, Exts.P20 and P21 are set aside. The respective respondents are directed to consider and pass appropriate orders on the petitioner's application for environmental clearance, based on the facts and materials submitted, and after affording an opportunity to the petitioner to be heard, within a period of three months.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ JUDGE rkr 2025:KER:64718 WP(C) NO. 35065 OF 2017 4 APPENDIX OF WP(C) 35065/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.44040/S3/2012/H&FWD DATED 04.06.2013 OF THE GOVERNMENT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.
403/2013/RD DATED 24.09.2013.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.140/2016/RD DATED 19.02.2016. EXHIBIT P4 TRUE COPY OF THE APPROVAL VIDE NO.C3- 9016/14/D.DIS DATED 24.03.2015 OF THE CHIEF TOWN PLANNER.
EXHIBIT P5 TRUE COPY OF THE PERMIT VIDE NO.A -01- 4428/88/2015 DATED 25.03.2015 OF THE VADASSERIKKARA GRAMA PANCHAYATH. EXHIBIT P6 TRUE COPY OF RENEWED ESSENTIALITY CERTIFICATE ISSUED BY THE 1ST RESPONDENT ON 03.02.2016.
EXHIBIT P7 TRUE COPY OF THE CONSENT AS PER APPLICATION NO.661972 DATED 25.01.2016 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P8 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.A1-1264/2016 GIVEN BY THE FIRE AND RESCUE DEPARTMENT ON 26.02.2016.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF THE
DIVISIONAL FOREST OFFICER VIDE
NO.SR.7941/12 DATED 11.01.2013. EXHIBIT P10 TRUE COPY OF THE NO OBJECTION CERTIFICATE VIDE NO. 4026/S1/2016/H&FWD DATED 04.03.2016 ISSUED TO THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER GO(MS).
NO.103/2016/H&FWD DATED 03.06.2016. EXHIBIT P12 TRUE COPY OF THE OFFICE MEMORANDUM NO.1- 4/2012-RE(PT) DATED 20.12.2013 OF THE MINISTRY OF ENVIRONMENT AND FOREST. EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO. 188/2013/ENVIRONMENT DATED 21.12.2013. EXHIBIT P14 TRUE COPY OF THE CERTIFICATE NO.A 180/16 DATED 05.03.2016 OF THE VILLAGE OFFICER, VADASSERIKKARA.
EXHIBIT P15 TRUE COPY OF THE CERTIFICATE NO.A1.1671/16 DATED 10.03.2016 ALONG WITH THE KASTHURI RANGAN COMMITTEE REPORT.
EXHIBIT P16 TRUE COPY OF THE NOTIFICATION DATED 22.12.2014 UNDER SECTION 3 OF THE ACT PUBLISHED BY THE 1ST RESPONDENT.
2025:KER:64718 WP(C) NO. 35065 OF 2017 5 EXHIBIT P17 TRUE COPY OF THE ONLINE APPLICATION AND SUPPORTING DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 15.03.2016.
EXHIBIT P18 TRUE COPY OF THE LETTER DATED 04.11.2016 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, ENVIRONMENT AND FOREST DEPARTMENT EXHIBIT P19 TRUE COPY OF THE LETTER DATED 16.11.2016 SUBMITTED BY THE PETITIONER TRUST BEFORE THE 2ND RESPONDENT EXHIBIT P20 TRUE COPY OF THE RELEVANT EXTRACT OF THE 70TH SEAC MEETING ON 4TH AND 5TH APRIL 2017.
EXHIBIT P21 TRUE COPY OF THE ORDER NO.1083/EC4/SEIAA/2016 DATED 10.10.2017 OF THE 2ND RESPONDENT EXHIBIT P22 TRUE COPY OF THE REPRESENTATION DATED 20.10.2017 WITHOUT ENCLOSURES SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P23 TRUE COPY OF THE OFFICE MEMORANDUM NO.J-
11013/41/20060IA.II(I) DATED 12.12.2012 OF THE 1ST RESPONDENT EXHIBIT P24 TRUE COPY OF THE DRAFT NOTIFICATION PUBLISHED BY TEH 1ST RESPONDENT ON 04.09.2015.
EXHIBIT P25 TRUE COPY OF NOTIFICATION PUBLISHED BY THE 1ST RESPONDENT ON 14.03.2017.