Kerala High Court
Alwin John Skariah vs The Secretary on 6 March, 2018
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939
WP(C).No. 6737 of 2018
PETITIONER(S):
ALWIN JOHN SKARIAH
S/O. SKARIAH, KUTTIKANDATHIL PUTHEN VEETTIL, THEODICAL,
PATHANAMTHITTA-689613.
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENT(S):
1. THE SECRETARY, KOTTANAD GRAMA PANCHAYATH
KOTTANAD P.O., PATHANAMTHITTA-689615.
2. KOTTANAD GRAMA PANCHAYATH,
KOTTANAD P.O., PATHANAMTHITTA, PIN-689615, REPRESENTED BY
ITS SECRETARY.
3. THE REVENUE DIVISIONAL OFFICER,
ADOOR, OFFICE OF THE RDO, ADOOR, PATHANAMTHITTA-689694.
R1-2 BY ADV. SRI.T.P.PRADEEP, SC
R BY GOVERNMENT PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-
2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6737 of 2018 (N)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF LAND TAX RECEIPT SHOWING
REMITTANCE OF LAND TAX BY THE PETITIONER.
EXHIBIT P2: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE
PERUMPETTY VILLAGE IN RESPECT OF THE PROPERTY OF THE PETITIONER.
EXHIBIT P3: TRUE COPY OF LOCATION SKETCH ISSUED BY THE
VILLAGE OFFICER, PERUMPETTY VILLAGE.
EXHIBIT P4: TRUE COPY OF RELEVANT PAGES OF THE APPLICATION
FOR DEVELOPMENT PERMIT FILED BY THE PETITIONER ALONG WITH DRAWING.
EXHIBIT P5: TRUE COPY OF RELEVANT PAGES OF THE APPLICATION
FOR BUILDING PERMIT FILED BY THE PETITIONER ALONG WITH DRAWING.
EXHIBIT P6: TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT
INTIMATING THAT THE APPLICATION HAS BEEN FORWARDED TO THE RDO,
ADOOR FOR THE PERMISSION OF DISTRICT ENVIRONMENT APPRAISAL
COMMITTEE.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6737 OF 2018 (N)
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Dated this the 6th day of March, 2018
JUDGMENT
The petitioner has approached this Court aggrieved by the insistence by the respondent Panchayat on an Environmental Clearance Certificate [ECC] as a pre-requisite for considering Exts.P4 and P5 applications for the grant of development permit and building permit in respect of a construction proposed by the petitioner. In the writ petition, it is stated that the 1 st respondent has taken a stand that the applications would need to be forwarded through the 3 rd respondent to the District Level Expert Appraisal Committee as a pre- condition for considering the applications for development permit and building permit.
2. I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Panchayat as also the learned Government Pleader for the 3rd respondent.
On a consideration of the facts and circumstances of the case as W.P.(C).No.6737/2018 2 also the submissions made across the bar, I find that the requirement of an EC certificate would arise only at a stage when the petitioner is carrying on any mining activities pursuant to the obtaining of a development permit and a building permit and not before that. Under such circumstances, I dispose the writ petition, by directing the 1 st respondent to consider Exts.P4 and P5 applications submitted by the petitioner for development permit and building permit, respectively, without forwarding the applications to the District Level Expert Appraisal Committee at this stage. The 1 st respondent shall pass orders, as directed, within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a coy of this judgment, before the 1st respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/3/18