Mebin Boban v. Environment Impact Assessment Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 34767 of 2015 (U) ------------------------------------------- PETITIONER(S) :

------------------------- MEBIN BOBAN, AGED 23 YEARS, S/O.BOBAN JOSEPH, MALIAKAL HOUSE, CHUNANGAMVELY, ERUMATHALA P.O., ERNAKULAM DISTRICT, PIN: 683 112. BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENT(S) :

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

1. ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGES, THIRUVANANTHAPURAM - 695 024.

2. VILLAGE OFFICER, PATTIMATTOM VILLAGE OFFICE, PERUMBAVOOR - VIA, ERNAKULAM DISTRICT, PIN: 682 017.

R2 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 34767 of 2015 (U) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

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

TRUE COPY OF THE POSSESSION CERTIFICATE NO.13070450 DATED 17/07/2015 ISSUED BY THE 2ND RESPONDENT. P1(A): TRUE COPY OF THE TAX RECEIPT DATED 21/07/2015 BEARING NO.5238974 OF BOOK NO.52390 ISSUED BY THE 2ND RESPONDENT. P2:

TRUE COPY OF THE BUILDING PERMIT NO.BP-1672/14-15 DATED 16/01/2015 ISSUED BY THE KIZHAKKAMBALAM GRAMA PANCHAYAT.

P3:

TRUE COPY OF THE PROCEEDING NO.316/15 DATED 21/07/2015 OF THE 2ND RESPONDENT.

P4:

TRUE COPY OF THE APPLICATION DATED 12/08/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR GETTING ENVIRONMENTAL CLEARANCE.

P4(A): TRUE COPY OF THE DEMAND DRAFT DATED 13/08/2015, FOR THE VALUE OF RS.75,000/- SUBMITTED BY THE PETITIONER ALONG WITH EXT.P4 APPLICATION.

P5:

TRUE COPY OF THE REPRESENTATION DATED 19/10/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 34767 of 2015 --------------------------------------------------------- Dated this the 20th day of November, 2015

JUDGMENT

The petitioner applied for environmental clearance. Ext.P4 is the application. He wants to construct a residential house. He has already been obtained a building permit. The petitioner requires extract ordinary earth from the site to the

3. Therefore, the petitioner requires tune of 11386 M environmental clearance.

Considering the facts and circumstances, there shall be a direction to the 1st respondent to consider the application within three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr