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High Court of KeralaWP(C)/22589/2015disposed of

K.P.Joy v. Government Of Kerala

2015-09-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 22589 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- K.P. JOY, S/O.LATE K.P. POULO, AGED 57 YEARS, MANAGING DIRECTOR, M/S.A-ONE SANDS PVT. LTD., ANNA NAGAR, CHAMMANAMPATHY, GOVINDAPURAM P.O., CHITTUR TALUK, PALAKKAD DISTRICT - 678 507.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA, SRI.P.T.ABHILASH.

RESPONDENT(S):

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

1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR, ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM-695 024. BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 22589 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- EXT.P-1:

TRUE COPY OF THE LICENCE NO.A3/4659/13 DATED 01.04.2013 VALID UPTO 31.03.2014 ISSUED BY THE PANCHAYATH. EXT.P-2:

TRUE COPY OF THE LICENCE NO.A3/6715/13 DATED 05.09.2013 VALID UPTO 31.03.2014 ISSUED BY THE PANCHAYATH. EXT.P-3:

TRUE COPY OF THE CONSENT NO.PCB/RO/PLKD/ICO/21/2013 DATED 20.08.2013 ISSUED BY THE 2ND RESPONDENT. EXT.P-4:

TRUE COPY OF THE INTERIM ORDER DATED 21.11.2014 IN WP(C).NO.31093/2014 OF THIS HON'BLE COURT.

EXT.P-5:

TRUE COPY OF THE EXPLOSIVES LICENCE DATED 22.08.2012 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI VALID UPTO 31.03.2017.

EXT.P-6:

TRUE COPY OF THE FINAL FITNESS CERTIFICATE DATED 23.02.2013 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD.

EXT.P-7:

TRUE PHOTOCOPY OF THE LICENCE DATED 19.04.2012 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, PALAKKAD.

EXT.P-8:

TRUE COPY OF THE APPLICATION DATED 16.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P-9:

TRUE COPY OF THE PROCEEDING NO.D.O.E.C.C/E3/297/15 DATED 06.03.2015 ISSUED BY THE 2ND RESPONDENT. EXT.P-10:

TRUE COPY OF THE RECEIPT NO.AX 125939 OF BOOK NO.01260 DATED 23.04.2015 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

**************************************************************************** W.P.(C) No.22589 of 2015 **************************************************************************** Dated this the 8th day of September, 2015

JUDGMENT

The petitioner applied for environment clearance. He approached this Court for an early disposal of the application for environment clearance.

2.

It has been pointed out by the learned Government Pleader that the petitioner had not produced mining plan and on production of the mining plan, the application will be considered in accordance with law.

3.

The petitioner submits that he is prepared to produce the mining plan.

If that be so, on production of the mining plan, the application for environment clearance shall be considered as expeditiously as possible, at any rate, within two months from the date of production of the mining plan.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln