Kerala High Court
M/S.Tmt Granites Pvt. Ltd vs The State Environment Impact ... on 29 May, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942
WP(C).No.8870 OF 2020(G)
PETITIONER/S:
M/S.TMT GRANITES PVT. LTD.,
MANGALAM DAM P.O., PALAKKAD, REPRESENTED BY
ITS MANAGING DIRECTOR, SRI.TOM GEORGE.
BY ADVS.
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.RONY JOSE
SRI.GEORGE A.CHERIAN
SRI.LEO LUKOSE
SHRI.AMAL AMIR ALI
RESPONDENT/S:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY,
PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,
VELAKUDI, THIRUVANANTHAPURAM-695024,
REPRESENTED BY ITS MEMBER SECRETARY.
2 THE MEMBER SECRETARY,
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,
VELAKUDI, THIRUVANANTHAPURAM-695024,
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT
OFFICE, PALAKKAD-678014.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2020, ALONG WITH WP(C).8873/2020(H),
WP(C).8880/2020(H), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos. 8870, 8873 & 8880 of 2020
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942
WP(C).No.8873 OF 2020(H)
PETITIONER/S:
PYRAMID GRANITES (P) LTD.,
PADAPPARA, ATHIRUMKAL, KOODAL, KONNI,
PATHANAMTHITTA, REPRESENTED BY MANAGING DIRECTOR
SRI.JOBIN VARGHESE.
BY ADVS.
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.RONY JOSE
SRI.GEORGE A.CHERIAN
SRI.LEO LUKOSE
SHRI.AMAL AMIR ALI
RESPONDENT/S:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE,
VELAKUDI, THIRUVANANTHAPURAM-695024, REPRESENTED
BY ITS MEMBER SECRETARY.
2 TEH MAMBER SECRETARY
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
PALLIKUMMU-KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,
THIRUVANANTHAPURAM-695024.
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, MINI CIVIL STATION, ARANMULA PO,
PATHANAMTHITTA-689533.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.05.2020, ALONG WITH WP(C).8870/2020(G),
WP(C).8880/2020(H), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) Nos. 8870, 8873 & 8880 of 2020
..3..
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942
WP(C).No.8880 OF 2020(H)
PETITIONER/S:
IMMANUEL CRUSHERS AND MINES (P) LTD.
34/316, PIPE LINE ROAD, PADIVATTOM, EDAPPALLY P O,
ERNAKULAM-682024,
REPRESENTED BY ITS DIRECTOR SRI.TOMY JOSEPH.
BY ADVS.
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.RONY JOSE
SRI.GEORGE A.CHERIAN
SRI.LEO LUKOSE
SHRI.AMAL AMIR ALI
RESPONDENT/S:
1 THE STATE ENVIRONMENT IMPACT AND ASSESSMENT AUTHORITY
PALLIMUKKU-KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,
THIRUVANANTHAPURAM-695024, REPRESENTED BY ITS MEMBER
SECRETARY.
2 THE MEMBER SECRETARY
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
PALLIMUKKU-KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,
THIRUVANANTHAPURAM-695024,
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, PALAKKAD-678014.
OTHER PRESENT:
SEI.K.J.MANU RAJ, GOVT.PLEADER, SRI.M.P.SREEKRISHNAN,
SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2020, ALONG WITH WP(C).8870/2020(G), WP(C).8873/2020(H), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 8870, 8873 & 8880 of 2020
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ALEXANDER THOMAS, J.
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WP(C) Nos. 8870, 8873 & 8880 of 2020
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Dated this the 29th day of May, 2020
JUDGMENT
Heard Sri.Enoch David Simon Joel, the learned counsel for the petitioners; Sri.M.P.Sreekrishnan, the learned Standing Counsel for respondents 1 and 2; and Sri.K.J.Manuraj, the learned Government Pleader.
2. The specific contention of the learned counsel for the petitioners is that the matter in WP(C) Nos. 8870 of 2020 and 8880 of 2020 is covered by the judgment dated 17.03.2020 in WP(C) No.8210 of 2020. Further that the case in WP(C) No. 8873 of 2020 is covered by yet another judgment of this Court dated 05.03.2020 in WP(C) No.6649 of 2020 (Ext.P4 therein).
3. Sri.M.P.Sreekrishnan, learned Standing Counsel for respondents 1 and 2 submitted, on instructions, that the said parties have decided to file review petitions as against the said two judgments referred to above as some of their vital contentions could not be addressed and brought to the notice of this Court before the rendering of the judgments.
WP(C) Nos. 8870, 8873 & 8880 of 2020 ..5..
4. Sri.Enoch David Simon Joel, the learned counsel for the petitioners, submitted,on the basis of the instructions from the petitioners, that if that be so, this Court may grant leave to the petitioners to withdraw these writ petitions with liberty to file fresh writ petitions raising all their contentions so as to meet the present contentions now advanced by respondents 1 and 2 in these matters. Accordingly, it is ordered that these writ petitions are dismissed as withdrawn with liberty as above.
Sd/-
ALEXANDER THOMAS JUDGE Bka/ WP(C) Nos. 8870, 8873 & 8880 of 2020 ..6..
APPENDIX OF WP(C) 8870/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.49 DATED 23.04.2016 WITH FILE NO.570/SEIAA/EC1/4174/2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF S.O.1141(E) DATED 29.04.2015 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF), UNION OF INDIA.
EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.04.2016 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF), UNION OF INDIA.
WP(C) Nos. 8870, 8873 & 8880 of 2020 ..7..
APPENDIX OF WP(C) 8873/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE DATED 24.05.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF S.O. 1141 (E) DATED 29.04.2015 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF), UNION OF INDIA.
EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.04.2016 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF) UNION OF INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN WP(C) NO. 6649/2020 ON THE FILES OF THIS HON'BLE COURT.
WP(C) Nos. 8870, 8873 & 8880 of 2020 ..8..
APPENDIX OF WP(C) 8880/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.24 DATED 31.03.2017 WITH FILE NO.934/SEIAA/EC1/3911/2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF S.O 1141(E) DATED 29.04.2015 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF) UNION OF INDIA.
EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.04.2016 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST (MOEF), UNION OF INDIA