Kerala High Court
Vsc Hollow Blocks & Crusher Division vs State Of Kerala on 19 October, 2017
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 19TH DAY OF OCTOBER 2017/27TH ASWINA, 1939
WP(C).No. 12854 of 2017 (F)
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PETITIONER:
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VSC HOLLOW BLOCKS & CRUSHER DIVISION,
NEMOM.P.O,THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING PARTNER,
V.SUDHAKARAN.
BY SRI.BECHU KURIAN THOMAS,SENIOR ADVOCATE
ADV. SRI.ENOCH DAVID SIMON JOEL
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF MINING AND GEOLOGY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY,
PALLMUKKU, PETTAH.P.O, THIRUVANANTHAPURAM-695 024,
REPRESENTED BY ITS MEMBER SECRETARY.
BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-10-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).No. 12854 of 2017 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DTD. 27.02.2015 IN
WP(C) 1607/2015 ON THE FILES OF THIS HON'BLE COURT
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE SUB COMMITTEE OF THE SEAC
AS OBTAINED UNDER THE RTI ACT
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE 53RD MEETING OF THE SEAC
HELD IN FEBRUARY 2016
EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE 56TH MEETING OF THE SEAC
HELD IN JUNE 2016
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 63RD MEETING OF THE SEAC
HELD IN OCTOBER 2016.
EXHIBIT P7 TRUE COPY OF THE APPLICATION STATUS AS ON 10.04.2017 AS
DOWNLOADED FROM THE WEBSITE OF THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
P.B.SURESH KUMAR, J
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W.P.(C) No.12854 of 2017
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Dated this the 19th day of October, 2017
JUDGMENT
The grievance of the petitioner in this writ petition concerns the inaction on the part of the second respondent in taking a decision on the application preferred by the petitioner for Environmental Clearance as indicated in Ext.P7. The specific case of the petitioner is that though the application was preferred by them as early as on 09.12.2013, the same is yet to be considered and disposed of.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. Having regard to the fact that the application of the petitioner referred to in the writ petition is one preferred as early as in the year 2013, I deem it appropriate to dispose the writ petition directing the second respondent to take a W.P.(C) No.12854 of 2017 -2- decision on the said application for Environmental Clearance after calling for a report from the Expert Appraisal Committee. Ordered accordingly. This shall be done within two months from the date of receipt of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR JUDGE bng