Kerala High Court
K.K.Raveendran vs District Level Environment Impact on 14 December, 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
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.27478 OF 2020(H)
PETITIONER/S:
K.K.RAVEENDRAN,
KAYAL KANDATHIL HOUSE,
VENGERI P.O.,
KOZHIKODE 673 010
BY ADV. SHRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 DISTRICT LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY(DEIAA),
REPRESENTED BY DISTRICT COLLECTOR,
KOZHIKODE, PIN 673 011
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC),
REPRESENTED BY GEOLOGIST,
KOZHIKODE.
3 STATE ELEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM 695 001
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMMOOLA ROAD,
OVERBRIDGE, VELAKUDI,
TRIVANDRUM 695 024
SRI.M.P. SREEKRISHNAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, ALONG WITH WP(C).27813/2020(B), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27813 and 27478 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.27813 OF 2020(B)
PETITIONER/S:
M/S.PULPALLY STONE CRUSHERS,
SASIMALA P.O.,
SULTAN BATHERY, WAYANAD,
REPRESENTED BY ITS MANAGING PARTNER
SRI. BINOJ K. BABY.
BY ADV. SHRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM-695 001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMMOOLA ROAD,
OVERBRIDGE, VELAKUDI,
TRIVANDRUM-695 024.
SRI.M. P SREEKRISHNAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, ALONG WITH WP(C).27478/2020(H), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27813 and 27478 of 2020
3
W.P.(C) Nos.27813 and 27478 of 2020
-----------------------------------------------
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, subject to the modification that the directions aforesaid shall be complied with, within eight months from today.
Sd/-
P.B.SURESH KUMAR JUDGE rkj W.P.(C) Nos.27813 and 27478 of 2020 4 APPENDIX OF WP(C) 27478/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 26-05-2018, VALID UPTO 25-05-2030 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 12-03-2018 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS EXHIBIT P3 TRUE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31-10-2014 EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27-2-2019 EXHIBIT P5 TRUE COPY OF JUDGMENT DT 2-11020 IN W.P(C) NO 18929/2020 OF THIS HON'BLE COURT.
W.P.(C) Nos.27813 and 27478 of 2020 5 APPENDIX OF WP(C) 27813/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE GOVERNOR DATED 31.7.2017, VALID UPTO 30.7.2029.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 29.5.2017 ISSUED TO THE PETITIONER, VALID UPTO 28.5.2022.
EXHIBIT P3 TRUE COPY OF DECISION OF THE JOINT MEETING OF SEIAA & SEAC DATED 31.10.2014. EXHIBIT P4 TRUE COPY OF THE DECISION OF THE IST RESPONDENT DATED 27.2.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN WPC NO.17533/2020 OF THIS HON'BLE COURT.