High Court of KeralaWP(C)/18307/2015disposed of

K.T.Sasidharan v. The District Collector

2015-07-14Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 WP(C).No. 18307 of 2015 (K) ---------------------------------------- PETITIONER(S):

---------------------- K.T.SASIDHARAN, S/O. THANKAMANI, KUNNATHU HOUSE, CHERAYA PO, KONGAD, KERALASSERY, PALAKKAD 678 631.

BY ADVS.SRI.N.RATHEESH SMT.SUMA RATHEESH SRI.S.SREEKUMAR (SR.) RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, PALAKKAD 678 001.

2. THE ADDITIONAL DISTRICT MAFISTRATE, COLLECTORATE, PALAKKAD 678 001.

3. THE TAHSILDAR, TALUK OFFICE, PALAKKAD 678 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18307 of 2015 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE APPLICATION DATED 11/5/2015 ACCOMPANIED BY FORMS AE-3, DE-1 AND AE-12 SUBMITTED TO THE 1ST RESPONDENT EXT.P2 TRUE COPY OF THE JUDGMENT DATED 18/9/2014 IN WPC NO 24112 OF 2014 EXT.P3 TRUE COPY FO THE JUDGMENT DATED 20/11/2014 IN WPC NO 27015 OF 2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 18307 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2015

J U D G M E N T

The learned senior counsel appearing on behalf of the petitioner submits that the petitioner at present is not intending to commence the operations of the quarry since admittedly he does not have the environmental clearance from the Environmental Impact Assessment Authority. However, Ext.P1 application is said to have been filed for renewal of the explosive licence. That definitely could be considered and quarrying operations could be commenced only after the environmental clearance certificate and the quarrying permit is received. In such circumstance, there shall be a direction to the 2nd respondent to consider Ext.P1 application after affording an opportunity of hearing of the

WPC.No.18307/2015 : 2 :

petitioner, expeditiously. The contention with respect to environmental clearance certificate shall be left open to be agitated before the authority.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge