High Court of KeralaWP(C)/35726/2015disposed of

Vijaya Quarry Works v. State Environment Impact Assessment Authority Kerala

2015-12-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 35726 of 2015 (M) ---------------------------------------- PETITIONER(S):

----------------------- VIJAYA QUARRY WORKS, NADAVATTOM P.O., ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, ROBINS JOSEPH, S/O.JOSEPH.

BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU SRI.P.A.RAJESH SRI.R.RANJITH SMT.M.LISHA RESPONDENT(S):

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

1. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695 024.

2. THE DIRECTOR, DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, (SEAC KERALA) PALLIMUKKU, PETTA, THIRUVANANTHAPURAM, PIN - 695 024.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 35726 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.02.2014.

P2:TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC.NO.28087/2011 DATED 03.10.2013 P3:TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.19690/2014 DATED 20.08.2014 P4:TRUE COPY OF THE JUDGMENT DATED 07.04.2015 IN WPC.NO.3914/2015 OF THIS HON'BLE COURT P5:TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 22.07.2015 P6:TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 03.08.2015 P7:TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 31.10.2015 P8:TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 04.11.2015 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35726 of 2015 ================== Dated this the 8th day of December, 2015

J U D G M E N T

The petitioner approached this Court for following reliefs: i.

Call for the entire records leading up to Exhibit P7 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;

ii.

Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 1st respondent to issue environmental clearance to the petitioner forthwith, without any further delay;

iii.

Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents not to insist the petitioner to again submit the documents, which have been already submitted in the applications pending before the 1st respondent as Nos.116/SEIAA/KL/2182/2013 and No.115/SEIAA/KL/2181/2013;

iv.

Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." 2.

The petitioner submits that he has produced Mining Plan as per Ext.P5 before the first respondent. Therefore application shall be processed. Therefore there shall be a direction to the first respondent to consider the application of the petitioner as expeditiously as possible.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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