Kerala High Court
Shaji A.K vs Ministry Of Environment Forest & ... on 15 March, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(C) No.43954/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 15th day of March 2024 / 25th Phalguna, 1945
WP(C) NO. 43954 OF 2023(S)
PETITIONER:
SHAJI A.K, AGED 50 YEARS, S/O KURYAKOSE,
RESIDING AT ARAKKAL HOUSE, PERINKARI PO,
KANNUR DISTRICT, PIN - 670 706.
RESPONDENTS:
1. MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE, REPRESENTED BY
ITS SECRETARY, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW
DELHI, PIN - 110 003.
2. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY
ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695 014.
4. STATE EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS MEMBER
SECRETARY, 4TH FLOOR, KSRTC TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695 014.
5. DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND
GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM, PIN - 695 004.
6. GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, KANNUR, PIN - 670 002.
7. DISTRICT COLLECTOR, KANNUR DISTRICT, CIVIL STATION, KANNUR, PIN
- 670 002.
8. M P LALU, S/O M K PAVITHRAN, MANKUDI HOUSE, KODANAD P.O.,
KURICHILAKODE, ERNAKULAM DISTRICT, PIN - 683 544.
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(C) the
High Court be pleased to
1) stay the operation of Exhibit P17 EC,
2) direct the Respondents No.2, 3 and 5 to consider Exhibit P18
representation and file a report before this Hon'ble Court within 2
weeks during the pendency of the above writ petition.
P.T.O.
WP(C) No.43954/2023 2/4
This petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C) and this
court's order dated 23.02.2024 and upon hearing the arguments of
M/S.V.HARISH & RAJAN VISHNURAJ, Advocates for the petitioner, DEPUTY
SOLICITOR GENERAL OF INDIA for R1, GOVERNMENT PLEADER for R2, R5 TO
R7, STANDING COUNSEL for R3 & R4 and of M/S. PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for R8, the court passed the
following:
P.T.O
WP(C) No.43954/2023 3/4
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
................................................................................................
W.P.(C) No.43954 of 2023
..................................................
Dated this the 15th day of March, 2024
ORDER
A.MUHAMED MUSTAQUE, J Spoke.
The Geologist shall state before this Court how more is the mining leases or quarrying license generated after 09.09.2013 in the distance of 500 metres of the periphery of the lease granted to the 8 th respondent. It shall be stated before this Court whether entire area is covered by such mining lease or quarrying licence and also state before this court, whether those are functional or not after 09.09.2013.
The first respondent shall state before this Court, the details of the cluster of mining projects as referred in Ext.P4 notification for the purpose of issuing EC and also whether the entire mining lease and quarrying lease less than 5 hectar within 500 metres of periphery of other lease after 09.09.2013 will have to be reckoned or not.
Post on 21.03.2024.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE RK 15-03-2024 /True Copy/ Deputy Registrar WP(C) No.43954/2023 4/4 APPENDIX OF WP(C) 43954/2023 Exhibit P4 TRUE COPY OF NOTIFICATION DATED 01.07.2016 ISSUED BY THE FIRST RESPONDENT.
15-03-2024 /True Copy/ Deputy Registrar