Kerala High Court
M/S. G.M. Granites vs State Level Environment Impact on 26 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
THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942
WP(C).No.26197 OF 2020(Y)
PETITIONER/S:
M/S. G.M. GRANITES,
PARAKKAL HOUSE,
MANJAPRA P. O.,
ERNAKULAM,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADV. SRI.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,
PIN - 695 001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMOOLA ROAD,
OVERBRIDGE, VELAKKUDI,
THIRUVANANTHAPURAM,
PIN - 695 024.
R1 & R2 BY SRI.M.P.SREEKRISHNAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.11.2020, ALONG WITH WP(C).26214/2020(B), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26197 &
26214 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942
WP(C).No.26214 OF 2020(B)
PETITIONER/S:
M/S.MANJERI BRICKS AND METALS PVT. LTD,
VETTAKODE, PULLENCHERRY P.O, MANJERI, MALAPPURAM
DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR
ABDUL AZEEZ
BY ADV. SRI.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
R1 & R2 BY SRI.M.P.SREEKRISHNAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.11.2020, ALONG WITH WP(C).26197/2020(Y), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26197 &
26214 of 2020
3
W.P.(C) Nos.26197 and 26214 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 rkj W.P.(C) Nos.26197 & 26214 of 2020 4 APPENDIX OF WP(C) 26197/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 04.05.2018, VALID UPTO 3.5.2029.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 29.11.2017 ISSUED TO THE PETITIONER, VALID UPTO 28.11.2022.
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 1ST RESPONDENT DATED 27.02.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN WP(C) NO.17533/2020 OF THIS HON'BLE COURT.
W.P.(C) Nos.26197 & 26214 of 2020 5 APPENDIX OF WP(C) 26214/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 7.9.2016, VALID UPTO 6.9.2024.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 11.02.2016 ISSUED TO THE PETITIONER, VALID UPTO 10.02.2021.
EXHIBIT P3 THE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 27.2.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DT. 2.11.2020 IN W.P(C) NO. 17533/2020 OF THIS HON'BLE COURT.