Kerala High Court
Jiji Varghese vs State Of Kerala on 28 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 29232 OF 2024
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2025:KER:16943
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946
WP(C) NO. 29232 OF 2024
PETITIONER:
JIJI VARGHESE,
AGED 51 YEARS
S/O P.V VARGHESE, AGED 51 YEARS,
PUTHUSSERIL, MANNATHOOR P.O, THIRUMARADY VILLAGE,
MUVATTUPUZHA, ERNAKULAM, PIN - 686 667
BY ADVS.
SMT.LIZA MEGHAN CYRIAC
SMT.JOLLY JOHN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695 001
3 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
KERALA, REPRESENTED BY CHAIRMAN, 4TH FLOOR,
KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695 001
4 DEPARTMENT OF MINING AND GEOLOGY
ERNAKULAM CIVIL STATION, SEAPORT AIRPORT ROAD,
KAKKANADU, ERNAKULAM-
REPRESENTED BY DISTRICT GEOLOGIST, PIN - 682 030
WP(C) NO. 29232 OF 2024
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5 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION
WATER RESOURCES DEPARTMENT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
6 DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030
7 REVENUE DIVISIONAL OFFICER
GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA RD,
MUVATTUPUZHA, KERALA, PIN - 686 673
8 TAHASILDAR
TALUK OFFICER, TALUK OFFICE,
THIRUMARADI ERNAKULAM, PIN - 682 011
9 VILLAGE OFFICER
THIRUMARADY, KERALA, PIN - 686 662
0 M/S CRYSTAL AGGREGATES PVT LTD
TRIPUNITHURA, KOCHI, ERNAKULAM, KERALA,
REPRESENTED BY MANAGING DIRECTOR
MR. STEPHEN JOSEPH, PIN - 682 303
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH(K/000575/2013)
SRI.SAJU S. DOMINIC(K/308/2005)
SRI. M. P. SREEKRISHNAN. SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29232 OF 2024
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T.R.RAVI.J
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WP(C) No.29232 of 2024
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Dated this the 28th day of February, 2025
JUDGMENT
The prayer in the writ petition is to cancel the Environmental Clearance (EC) that had been granted to the petitioner. The grievance of the petitioner is that the Environmental Clearance has been granted without insisting for a No Objection Certificate from the Irrigation Department. The challenge to an Environmental Clearance should be preferred before the National Green Tribunal. Pending the writ petition, the 10th respondent has filed IA.No.1/2025 producing the proceedings of the SEIAA and a letter dated 28.10.2024 addressed to the SEIAA, from which it can be seen that the petitioner has not started any quarrying activity and that the petitioner had also applied for an NOC from the Irrigation WP(C) NO. 29232 OF 2024 4 2025:KER:16943 Department as contemplated under Section 42 of the Kerala Irrigation and Water Conservation Act, 2003.
2. A statement has been filed by the 2 nd respondent wherein it is stated that at the time of grant of EC, the judgment of the Hon'ble High Court in WPC.No.30737 of 2022 was not available and hence the SEIAA has already directed the 10th respondent to obtain NOC from the Irrigation Officer.
3. The counsel for the petitioner submits that in view of the stand taken by the SEIAA, no further orders are sought for in this writ petition since the grievance which had been put forward stands answered. The counsel for the petitioner sought permission to withdraw the writ petition, without prejudice to his right to approach the Court again.
4. In the above circumstances, the writ petition is dismissed as withdrawn, recording the statement filed WP(C) NO. 29232 OF 2024 5 2025:KER:16943 by the 2nd respondent and without prejudice to the right of the petitioner to move again, if necessity arises.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 29232 OF 2024 6 2025:KER:16943 APPENDIX OF WP(C) 29232/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF THE 161ST MEETING OF THE 3RD RESPONDENT HELD FROM 13TH, 14TH & 15TH MARCH 2024 Exhibit P2 TRUE COPY OF THE GOOGLE EARTH IMAGE OF THE WATER TANK CONSTRUCTED AND MAINTAINED BY THE WATER AUTHORITY NEAR THE SITE OF QUARRY WHEREIN EC IS ISSUED Exhibit P3 TRUE COPY OF THE GOOGLE EARTH IMAGE OF THE CANAL USED FOR IRRIGATION WORKS SITUATED NEARLY 645M TO THE QUARRY SITE Exhibit P4 TRUE COPY OF THE RESPONSE RECEIVED FOR THE RTI APPLICATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 01.08.2023 Exhibit P5 TRUE COPY OF THE MINUTES OF THE 141ST MEETING OF THE 2ND RESPONDENT HELD ON 29TH & 30TH APRIL 2024 Exhibit P6 TRUE COPY OF THE IMAGES FROM GOOGLE EARTH APPLICATION ON THE AREA WHERE EC IS GRANTED TO THE 10TH RESPONDENT WHICH SHOWS THAT DATA PRIOR TO 2009 IS NOT VISIBLE Exhibit P7 TRUE COPY OF THE DIRECTION OF 8TH RESPONDENT TAHSILDAR DATED 17.05.2000 ORDERING THE 9TH RESPONDENT VILLAGE OFFICER TO CONDUCT ENQUIRY AND REPORT ON THE UNAUTHORIZED AND ILLEGAL QUARRYING DONE ON THE CURRENT EC GRANTED SITE Exhibit P8 TRUE COPY OF THE ENQUIRY REPORT BY 9TH RESPONDENT VILLAGE OFFICER DATED 24.05.2000 ON EXT P-7 Exhibit P9 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 08.08.2024 Exhibit P10 TRUE COPY OF THE COURIER SLIP DATED WP(C) NO. 29232 OF 2024 7 2025:KER:16943 08.08.2024 ISSUED WHILE SENDING EXHIBIT P-9 APPLICATION RESPONDENT EXHIBITS Exhibit R10(a) True copy of the Non Assignment Certificate dated 25-10-2018 issued by the Competent Revenue Authority Exhibit R10(b) TRUE COPY OF THE LETTER DATED 28-10-2024 SENT BY THIS APPLICANT BEFORE THE 2ND RESPONDENT