M/S.New Mary Matha Crusher v. State Environment Impact Assessment Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24275 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- M/S.NEW MARY MATHA CRUSHER KOTHALA P.O, PULICKAL KAVALA, KOTTAYAM REPRESENTED BY ITS MANAGING PARTNER K.J.THOMASKUTTY. BY ADVS.SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S):

---------------------------- STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU, PETTAH P.O, THIRUVANANTHAPURAM 695 024 REPRESENTED BY ITS MEMBER SECRETARY.

BY SMT.C.K. SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-082015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24275 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXHIBIT P1:

COPY OF THE RECEIPT ISSUED BY THE RESPONDENT. RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.24275 of 2015 ---------------------------------------------- Dated this the 18th day of August, 2015

JUDGMENT

The petitioner, who is stated to be running a quarry, has filed this writ petition seeking a writ of mandamus commanding the respondent to consider and pass appropriate orders on the application submitted by him for environmental clearance, as expeditiously as possible.

2. On 11.08.2015, this Court directed the learned Government Pleader to get instructions.

3. Today, when the case was taken up for further consideration, the learned Government Pleader would submit that the application submitted by the petitioner was not supported by approved mining plan with approval letter and letter of intent of the Mining and Geology Department and as such, he was directed to cure those defects by a letter dated 09.07.2015. The learned Government Pleader would submit further that, the petitioner is yet to submit those documents.

4. When this was pointed out, the learned counsel for the

W.P.(C) No.24275/2015 petitioner would submit that, within two weeks from today, the petitioner shall produce approved mining plan with approval letter and letter of intent of the Mining and Geology Department, if the same has not already been submitted.

In such circumstances, this writ petition is disposed of directing the petitioner to produce the approved mining plan with approval letter and letter of intent of the Mining and Geology Department to the respondent within two weeks from the date of receipt of a certified copy of this judgment. If such documents are produced, the respondent shall consider and pass appropriate orders on the application filed by the petitioner, as evidenced by Ext.P1 receipt, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. SD/- ANIL K. NARENDRAN, JV JUDGE