High Court of KeralaWP(C)/27029/2015disposed of

M.A.Nalinakshan Nair v. The State Of Kerala

2015-09-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 27029 of 2015 (C) ------------------------------------------- PETITIONER(S) :

-------------------------- M.A.NALINKASHAN NAIR, MANAGING PARTNER, MANKOMBU GRANITES, VELLARA, MOONNILAVU P.O, KOTTAYAM- 686 586.

BY ADVS.SRI.P.CHANDRASEKHAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.UMA SRI.K.NANDAKUMAR SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR RESPONDENT(S) :

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

1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

2. THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTA P.O, THIRUVANANTHAPURAM, PIN- 695 001, REPRESENTED BY ITS MEMBER SECRETARY.

3. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM, PIN- 695 001.

4. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM, PIN- 686 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27029 of 2015 (C) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

TRUE COPIES OF THE RELEVANT PAGES OF THE MINUTES OF THE EXPERT APPRAISAL COMMITTEE OF MOEF DATED 22-23 DECEMBER, 2014.

P2:

TRUE COPIES OF RELEVANT PAGES OF MINUTES OF THE EXPERT APPRAISAL COMMITTEE OF THE MOEF DATED 16-18 MARCH 2015. P3:

TRUE COPY OF PETITION DATED 20-05-2015 OF THE PETITIONER BEFORE THE DIRECTOR, MOEF.

P4:

TRUE COPY OF LETTER DATED 16/06/2015 OF THE MOEF TO THE 2ND RESPONDENT.

P5:

TRUE COPY OF PETITION DATED 01/07/2015 OF THE PETITIONER TO THE 2ND RESPONDENT.

P6:

TRUE COPY OF PETITION DATED 13/07/2015 OF THE PETITIONER TO THE 2ND RESPONDENT.

P7:

TRUE COPY OF THE REPORT COMMITTEE CONSTITUTED BY GOVERNMENT OF KERALA TO REPORT ON THE ENVIRONMENTAL ISSUES OF QUARRIES AND CRUSHERS IN MOONNILAVU GRAMA PANCHAYATH, KOTTAYAM DISTRICT.

P8:

TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT. P9:

TRUE COPY OF APPLICATION DATED 24/08/2015 OF THE PETITIONER FOR QUARRYING LEASE TO THE 3RD RESPONDENT.

P10:

TRUE COPY OF THE CERTIFICATE DATED 15/01/2015 ISSUED BY 4TH RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No.27029 of 2015 ================== Dated this the 23rd day of September, 2015

J U D G M E N T

The petitioner approached this Court on account of delay in considering the application for environmental clearance in respect of a quarry owned by the Firm in Moonnilavu Village. 2.

The learned Special Government Pleader on instructions submits that an Expert committee has inspected and made a report considering the application and recommended for field inspection. Considering the facts and circumstances, this Court is of the view that the application shall be considered within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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