High Court of KeralaWP(C)/10674/2015disposed of

Stanly S.Alukal v. State Of Kerala

2015-04-01Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 10674 of 2015 (H) ---------------------------- PETITIONER:

--------------------- STANLY S.ALUKKAL, ALUKKAL HOUSE, CHENGAL, KALADY.P.O, ERNAKULAM DISTRICT, PIN-683 574.

BY ADVS.SRI.ELVIN PETER P.J.

SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENTS:

---------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, THIRUVANANTHAPURAM-695 024.

2. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS DIRECTOR.

3. THE DISTRICT COLLECTOR, PALAKKAD-678 001.

4. THE SUB COLLECTOR,OTTAPPALAM-679 101.

5. THE GEOLOGIST, PALAKKAD-678 001.

BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 10674 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE APPLICATION DATED 7.2.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P2 TRUE COPY OF D.D.DRAWN IN FAVOUR OF THE 2ND RESPONDENT BY THE PETITIONER EXT.P3 TRUE COPY OF COMMUNICATION DATED 01.01.2015 ISSUED BY THE 3RD RESPONDENT EXT.P4 TRUE COPY OF REPORT DATED 7.2.2015 SUBMITTED BY THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 10674 of 2015 ------------------------------------------- Dated this the 1st day of April, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Ext.P1 application in accordance with law forthwith;

ii) issue writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider Ext.P1 application or in the alternative issue a direction to the 5th respondent to consider and pass orders on Ext.P1;

iii) and grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs."

The learned counsel for the petitioner submits that, the grievance of the petitioner has already been projected by way of Ext.P1, which is pending consideration before the 2nd respondent. Prayer is to cause the same to be considered and disposed of within a reasonable time.

Heard the learned Government Pleader appearing for the respondents as well.

WP(c). No.10674 of 2014 4.

Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merit of the case. The writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P1, in accordance with law. It shall be done, after affording an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.