Kerala High Court
V.R.Ajayakumar vs The State Environment Impact ... on 24 November, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.23127 OF 2020(M)
PETITIONER:
V.R.AJAYAKUMAR
PROPRIETOR, M/S. LAKSHMI STONE INDUSTRIES,
LAKSHMI BUILDINGS, EZHUMATTOOR P.O., MALAPPALLY,
PATHANAMTHITTA-689 586
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
RESPONDENTS:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
PALLIMUKKU-KANNAMMOOLLA RD,
OVERBRIDGE,VELAKUDI,
THIRUVANANTHPURAM-695 024,
REPRESENTED BY ITS MEMBER SECRETARY
2 THE MEMBER SECRETARY,
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
PALLIMUKKU-KANNAMMOOLLA RD,
OVERBRIDGE,VELAKUDI,
THIRUVANANTHPURAM-695 024
3 THE SENIOR GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
MINI CIVIL STATION, ARANMULA,
PATHANAMTHITTA-689 533
4 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF ENVIRONMENT AND FORESTS,
INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD,
NEW DELHI-110 003
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
WP(C).No.23127 OF 2020 & CONN.CASES
2
6 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY,
PATTOM P.O., KESAVADASAPURAM,
THIRUVANANTHAPURAM-695 004
R4 BY ADV. SUDHINKUMAR K- CGC
SRI.K.J.MANURAJ-GP
SRI.P.VIJAYAKUMAR-ASGI
SRI.M.P.SREEKRISHNAN-SC,SEIAA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2020, ALONG WITH WP(C).25842/2020(E), WP(C).25844/2020(E),
WP(C).25848/2020(E), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.23127 OF 2020 & CONN.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.25842 OF 2020(E)
PETITIONER:
M/S. THOMSON GRANITES PRIVATE LIMITED,
KOMBODINJAMAKKAL, THAZHEKKAD P.O.,
THRISSUR DISTRICT, PIN-680697,
REPRESENTED BY ITS DIRECTOR P.T.DAVIS.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENTS:
1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY(SEIAA, KERALA),
REPRESENTED BY ITS MEMBER SECRETARIAT, 4TH FLOOR,
KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM,
PIN-695001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (DEAC),
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU,
KANNAMOOLA ROAD, OVERBRIDGE, VELAKKUDI,
THIRUVANANTHAPURAM,
PIN-695024.
SRI.M.P. SREEKRISHNAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2020, ALONG WITH WP(C).23127/2020(M), WP(C).25844/2020(E),
WP(C).25848/2020(E), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.23127 OF 2020 & CONN.CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.25844 OF 2020(E)
PETITIONER:
M/S. KOTTAKKAL GRANITE INDUSTRIES (P) LTD.
T.C.2/3497, KOTTAKKAL, PATTOM P.O.,
THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI. ARUN VARGHESE.
BY ADVS.
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
RESPONDENTS:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS MEMBER SECRETARY.
2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS CHAIRMAN.
3 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695004.
SRI.M.P SREEKRISHNAN - SC
SRI.K.J.MANURAJ - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2020, ALONG WITH WP(C).23127/2020(M), WP(C).25842/2020(E),
WP(C).25848/2020(E), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.23127 OF 2020 & CONN.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.25848 OF 2020(E)
PETITIONER:
SHRI. KICHU K.RAVI,
S/O.K.K.RAVI, KUZHIPILLIL HOUSE,
NORTH MAZHUVANNOOR P.O., VALAMBOOR,
ERNAKULAM DISTRICT, PIN-686669.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENTS:
1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY(DEIAA),
REPRESENTED BY DISTRICT COLLECTOR,
THRISSUR-680003.
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE(DEAC),
REPRESENTED BY GEOLOGIST,
THRISSUR-680020.
3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM-695001.
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU,
KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,
TRIVANDRUM-695024.
SRI.MURALI PURUSHOTHAMAN-SC
SRI.MP.P.SREEKRISHNAN-SC, SEIAA
SRI.K.J.MANURAJ - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2020, ALONG WITH WP(C).23127/2020(M), WP(C).25842/2020(E),
WP(C).25844/2020(E), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.23127 OF 2020 & CONN.CASES
6
W.P.(C) Nos.23127, 25842, 25844 and 25848 of 2020
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JUDGMENT
The issues raised in these writ petitions are covered by the judgment of this court in W.P.(C) No.18929 of 2020 and connected cases.
In the circumstances, these writ petitions are disposed of granting to the petitioners the same relief as granted to the petitioners in W.P.(C) No.18929 of 2020 and connected cases.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV WP(C).No.23127 OF 2020 & CONN.CASES 7 APPENDIX OF WP(C) 23127/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.25/2016 DTD 04.03.2016 WITH FILE NO.816/SEIAA/EC4/2488/2015 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DATED 28.12.2009 VALID TILL 27.12.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO.25211/2013 ON THE FILE OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014 EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4A TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 TRUE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION,2020 WP(C).No.23127 OF 2020 & CONN.CASES 8 APPENDIX OF WP(C) 25842/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 08.05.2019, VALID UPTO 07.05.2029.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 23.12.2015 ISSUED TO THE PETITIONER, VALID UPTO 22.12.2020.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.03.2019, CHANGE IN THE NAME OF THE MANAGING DIRECTOR IN EXT.P2 AS P.T.JOSE.
EXHIBIT P4 TRUE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P5 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 27.02.2019.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN W.P.(C)NO.17533/2020 OF THIS HON'BLE COURT. WP(C).No.23127 OF 2020 & CONN.CASES 9 APPENDIX OF WP(C) 25844/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.6/2017 DATED 21.6.2017 WITH FILE NO.08/2017/DIA/KL/MIN/5994/2017 (P- 8455/17) ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DATED 3.10.2017 VALID TILL 2.10.2027 ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.9.2017 ISSUED BY THE 3RD RESPONDENT.
WP(C).No.23127 OF 2020 & CONN.CASES 10 APPENDIX OF WP(C) 25848/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 03.07.2019, VALID UPTO 02.07.2031.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 18.06.2018 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.
EXHIBIT P3 TRUE PRINT OUT OF THE MINUTES OF THE JOINT MEETING OF THE SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27.02.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN W.P.(C)NO.18929/2020 OF THIS HON'BLE COURT.