This writ appeal was filed against an interim order directing the petitioner to appeal an Environmental Clearance certificate before the National Green Tribunal. The court found no reason to interfere given the pending parallel proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
WA.No.346 OF 2018
AGAINST THE ORDER IN WPC 33556/2017 DATED 06-12-2017 OF HIGH COURT OF KERALA
APPELLANT:
M/S.SOBHA DEVELOPERS LTD. SOBHA, SARJAPUR-MARTHAHALLI OUTER RING ROAD(ORR),DEVARABISANAHALLI, BELLANDUR POST, BANGALORE,KARNATAKA-560103, REPRESENTED BY ITS AUTHORISED SIGNATOR ANILKUMAR GOPALAN, AGED 50, S/O.GOPALAN,VICE PRESIDENT, SOBHA LTD.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 7 & 9:
AGED 59 YEARS, S/O.BALAN, KOOTTANGAL HOUSE,FEROKE P.O., KOZHIKODE-673631
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6 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, DIRECTORATE ENVIRONMENT AND CLIMATE CHANGE,PALLIMUKKU, KANNAMMOOLA ROAD, PETTAH,THIRUVANANTHAPURAM-695024,REPRESENTED BY ITS MEMBER SECRETARY.
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,KOZHIKODE-673020.
R1 BY ADV. SRI.RAJAN VISHNURAJ R1 BY ADV. SRI.V.HARISH R2 BY ADV. SRI.M.N.MANMADAN,CENTRAL GOVERNMENT COUNSEL (B/O) R6 BY ADV. SRI.M.P.PRAKASH, STANDING COUNSEL R8 BY ADV. SRI.P.C.SASIDHARAN
SPL.GP.SANDESH RAJA FOR R3TO R5 ,R7 AND R9,
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 25th day of November 2019
Shaffique, J
This appeal is filed against an interim order dated 6.12.2017 passed by the learned Single Judge in W.P.(C).No.33556/2017, by which the writ petitioner was directed to prefer an appeal against Ext.P6 Environmental Clearance certificate before the National Green Tribunal within the specified time.
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violation of CRZ norms. It is also submitted by the learned counsel appearing for the Kerala Coastal Zone Management Authority that the learned single Judge has issued further orders directing the said Authority to consider whether there is any violation of the CRZ norms.
Under such circumstances, there is no reason for any apprehension as expressed by the appellant. We don't find any reason to interfere with the interim order passed by the learned Single Judge. The writ appeal is hence dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
A.M.SHAFFIQUE
kp
True copy
JUDGE
P.A. To Judge.
2 issues framed by the court
Whether the writ court should interfere when an appeal regarding Environmental Clearance has already been filed before the National Green Tribunal.
Whether apprehension of divergent orders warrants dismissal of the writ petition challenging conditions and CRZ norms violations.
M/S.SOBHA DEVELOPERS LTD.
AJAY GHOSH
MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
CHIEF TOWN PLANNER NANTHENCODE
DISTRICT COLLECTOR KOZHIKODE
S.MANIKUMAR
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
