In a writ petition seeking to quash a quarrying licence rejection order, the court closed the proceedings without adjudicating the merits, without prejudice to the petitioner's right to apply for a fresh licence.
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 MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 644 of 2019
PETITIONER :
ABDURAHIMAN,AGED 45 YEARS S/O. MUHAMMED, VALIYATHODI HOUSE, OORAKAM (P.O),MELMURI, MALAPURAM DISTRICT,PIN-676 519
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P
RESPONDENTS:
1 THE SECRETARY OORAKAM GRAMA PANCHAYAT,OORAKAM,MELMURI (P.O), MALAPURAM DISTRICT,PIN-676 519
3 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM,PIN-676 505
5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001
BY ADV. SRI.M.KRISHNAKUMAR SMT. MABLE C.KURIEN, GP, SRI. T.NAVEEN, SC FOR PCB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who has applied for quarrying permit in the property comprised in Re-survey No.57/5 of Oorakam Village, after obtaining Ext.P1 environmental clearance from the 2nd respondent, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 order dated 07.01.2019 issued by the 1st respondent, whereby his application for quarrying licence has been rejected. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to issue him licence for functioning the quarry in the property covered by Exts.P1 and P2.
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Recording the above submission made by the learned counsel for the petitioner, this writ petition is closed, without prejudice to the aforesaid right of the petitioner.
It is made clear that this Court has not expressed anything as to the entitlement of the petitioner for licence based on Ext.P1 environmental clearance issued
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by the District Environmental Impact Assessment Authority, Perinthalmanna, since such a request has to be considered in terms of the notifications issued by the Ministry of Environment, Forest and Climate Change and also the orders of the National Green Tribunal in the matter of environmental clearance.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/26/3
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ENVIRONMENTAL CLEARANCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 30.11.2018
EXHIBIT P2 TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE 3RD RESPONDENT DATED 05.12.2018 EXHIBIT P3 TRUE COPY OF THE LICENCE ISSUED BY THE CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 15.03.2018
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 07.01.2019
RESPONDENTS' EXHIBITS :
EXHIBIT R1-A TRUE COPY OF THE APPLICATION DATED 10-12-2018 SUBMITTED BY THE PETITIONER
1 provisions across 1 enactments
Abdurahiman
Secretary Oorakam Grama Panchayat
District Environmental Impact Assessment Authority
State of Kerala
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
