S.Shaji v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 35106 of 2015 (K) ---------------------------- PETITIONER:
------------------- S.SHAJI, AGED 49 YEARS, S/O.SOMANATHAN, THEKKUVILA MELATHIL VEEDU, KUDAVATTOOR (P.O), VELIYAM, KOLLAM DISTRICT.
BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S):
--------------------------
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES (A)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE (P.O), THIRUVANANTHAPURAM - 695 004.
3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, KOLLAM - 691 001.
BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 35106 of 2015 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXT.P-1:
A TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE THIRD RESPONDENT ON 24.6.2015 VALID UPTO 23.10.2015. EXT.P-2:
A TRUE COPY OF THE CHALLAN DATED 24.6.2015 EVIDENCING PAYMENT OF RS.6 LAKHS TOWARDS PAYMENT OF ROYALTY FOR MINING BUILDING STONES.
EXT.P-3:
A TRUE COPY OF THE D & O LICENSE DATED 16.6.2015 ISSUED BY CHADAYAMANGALAM GRAMA PANCHAYATH FOR MINING BUILDING STONES.
EXT.P-4:
A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD IN THE AFORESAID PROPERTY ON 10.2.2012 VALID UPTO 31.12.2014. EXT.P-5:
A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY OF THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 11.9.2015 VALID UPTO 8.1.2015 EXT.P-6:
A TRUE COPY OF THE RECEIPT EVIDENCING ACCEPTANCE OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 30.1.2015. EXT.P-7:
A TRUE COPY OF THE RECEIPT DATED 22.6.2015 EVIDENCING PAYMENT OF RS.1. LAKH TOWARDS PROCESSING FEE ISSUED BY THE SEIAA TO THE PETITIONER.
EXT.P-8:
A TRUE COPY OF THE NOTICE DATED 31.10.2015 ISSUED BY THE SEIAA TO THE PETITIONER.
EXT.P-9:
A TRUE COPY OF THE ORDER DATED 17.11.2015 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
A.MUHAMED MUSTAQUE, J.
-------------------------------------------- W.P.(C).No. 35106 of 2015 ---------------------------------------------------- Dated this the 2nd day of December,2015
J U D G M E N T
------------------------- The petitioner has applied for renewal of quarrying permit. Ext.P1 is the permit. Admittedly the petitioner did not have quarrying permit prior to 26.2.2014. Therefore, it is mandatory for him to obtain environmental clearance.
2.
The petitioner submits that his application is pending for recommendation by the State Environmental Impact Assessment Committee. As seen from Ext.P8, the petitioner has been directed to produce certain documents. The petitioner submits that he has produced all the documents referred in Ext.P8.
3.
This Court is of the view that the State Impact Assessment Committee shall consider the petitioner's application in the next meeting itself.
4.
Considering the fact that application is in the nature of renewal, if the committee recommends petitioner's case, appropriate decision shall be taken by the State Environmental Impact Assessment Authority, without any delay. Based on the
W.P.(C).No.35106 of 2015 environmental clearance, the Geologist shall take a decision on petitioner's application within a period of two weeks thereon. State Environment Impact Assessment Appraisal Committee, Department of Environment & Climate Change, Pallimukku, Pettah is suo motu impleaded as additional 4th respondent. The writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/