Disposed

Krishnankutty v. the State Enviornmenta Impact Assessment Authoirty

Kerala HC4 Nov 2016WP(C)/34332/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the Environmental Clearance Certificate had expired. It directed the petitioners to renew the certificate and approach the District Collector, to be considered within one month, without adjudicating on merits.

What did the court decide?

Directied petitioners to renew the Environmental Clearance Certificate and approach District Collector; Collector directed to consider application within one month of renewal.

Krishnankutty Vs the State Enviornmenta Impact… — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938

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WP(C).No. 34332 of 2016 (N) ----------------------------

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PETITIONER(S):

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1. KRISHNANKUTTY

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S/O.SREEDEVI, AGED 68 YEARS, KARUTHETHIL HOUSE, VELUTHUR P.O., THRISSUR, PRESENTLY RESIDING AT P.B.NO.13485, DUBAI, U.A.E.

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2. MADHURI VARMA W/O.K.KRISHNAN KUTTY, AGED 66 YEARS, KARUTHETHIL HOUSE, VELUTHUR P.O., THRISSUR, PRESENTLY RESIDING AT P.B.NO.13485, DUBAI, U.A.E.

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BOTH THE PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, P.RAJENDRA VARMA, S/O.K.RAJARAJA VARMA, AGED 65 YEARS, SURABHI, 10/17A, KARUTHETHIL HOUSE, THACHAMPILLY ROAD, VELUTHUR P.O., THRISSUR.

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BY ADVS.SRI.BINOY VASUDEVAN

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SMT.K.J.ANITHA

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RESPONDENT(S):

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

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2. THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, THRISSUR-3.

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3. THE TAHSILDAR

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TALUK OFFICE, CIVIL STATION, THRISSUR-3.

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4. THE VILLAGE OFFICER THRISSUR VILLAGE.

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5. THE THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-1.

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R5 BY ADV. SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION R BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE (SR.)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34332 of 2016 (N) ----------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT-P1: TRUE COPY OF THE LAND TAX RECEIPTS IN RESPECT OF THE PETITIONER'S PROPERTY. EXHIBIT-P2: TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE THRISSUR CORPORATION. EXHIBIT-P3: TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.51/2016/OE ISSUED BY THE FIRST RESPONDENT.

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EXHIBIT-P4: TRUE COPY OF THE COMMUNICATION DATED 12.07.2016 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.

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EXHIBIT-P5: TRUE COPY OF THE LETTER DATED 21.07.2016 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 2ND RESPONDENT.

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EXHIBIT-P6: TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT ACKNOWLEDGING ACCEPTANCE OF EXHIBIT-P6.

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RESPONDENT(S)' EXHIBITS: NIL

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.34332 of 2016 - N

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======================

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Dated this the 4^th day of November, 2016

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J U D G M E N T

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The petitioners are aggrieved with the

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non-consideration of the application filed before the District Collector, the 2^nd respondent herein, for No Objection Certificate for the purpose of removing the red earth from their property, to carry on a construction activity. The petitioners were issued with a communication by the District Collector as per Ext.P4, directing production of attested copy of the Environmental Clearance Certificate. The petitioners' Environmental Clearance Certificate is seen at Ext.P3. The petitioners have also produced the attested copy of the Environmental Clearance Certificate before the District Collector.

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W.P.(C) No.34332 of 2016 - N

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However, the petitioners' Environmental Clearance

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Certificate has expired on 29.10.2016. Hence the petitioners would have to apply for the Environmental Clearance Certificate and renew the Environmental Clearance Certificate and approach the District Collector. On such renewal being made, the authenticated copies produced, the District Collector shall consider the same within a period of one month from the date of production of Environmental Clearance Certificate. It is made clear that this Court has not made any observation on merits, which the District Collector will consider in accordance with law.

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The writ petition would stand disposed of.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/04/11/2016

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// true copy //

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