Jimmy Joseph v. Sukumaran
Case brief
What is this about?
The High Court disposed of appeals against a single Judge's order directing Panchayats to consider D&O licence applications without insisting on environmental clearance. Since petitioners obtained clearances during pendency, appeals were disposed of by modifying the order to direct Panchayats to consider applications adverting to such clearances while preserving the right to challenge the clearanc
What did the court decide?
Appeals disposed of by modifying impugned judgments to direct Panchayats to consider D&O licence applications adverting to environmental clearances.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939
WA.No. 849 of 2016 IN WP(C).10817/2016
AGAINST THE JUDGMENT IN WP(C) 10817/2016 of HIGH COURT OF KERALA DATED 21-03-2016
APPELLANT/3RD PARTY:
JIMMY JOSEPH AGED 45 YEARS, S/O.JOSEPH, PALATTI HOUSE, SANKARAN KUZHI, TABORE P.O., ERNAKULAM DISTRICT, PIN-683 577.
BY ADVS.SRI.K.ABDUL JAWAD SMT.V.K.ANJU SMT.P.M.CIGY
RESPONDENTS/PETITIONER AND THE RESPONDENTS 1 TO 3 IN WPC 10817/16(B):
- SUKUMARAN,
Issues for consideration
3 issues framed by the court
whether the writ appeals against judgments directing Panchayat to consider D&O licence applications without insisting on environmental clearance should be disposed of on merits given subsequent acquis
whether the impugned judgments should be modified to direct Panchayat to consider applications adverting to environmental clearances
whether the judgment bars the appellant from challenging the environmental clearances in accordance with law
Parties & counsel
- appellant
JIMMY JOSEPH
- appellant
SUKUMARAN
- respondent
STATE OF KERALA
- respondent
DISTRICT GEOLOGIST
- respondent
MOOKKANNOOR GRAMA PANCHAYATH
Case details
As recorded by the court registry
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