Disposed

Joshy Melayil T.a., v. the State Environmental Impact Assessment Authority (Seiaa)

Kerala HC20 Nov 2020WP(C)/18674/2020

Case brief

AI extract

What is this about?

Petitioner sought direction to remove remaining red earth granted earlier but not completed due to bad weather. Respondent opposed, stating fresh application is required under EIA notification 2006 as the extension period expired. Court disposed of petition along with observation.

What did the court decide?

none; petitioner directed to file fresh Form-1 application with SEIAA

Joshy Melayil T.a., Vs the State Environmental… — Mining and Natural Resources | Kerala HC (2020)

¶1

WP(C).No.18674 OF 2020(H)

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶6

FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942

¶7

WP(C).No.18674 OF 2020(H)

¶8

PETITIONER/S:

¶9

JOSHY MELAYIL T.A., AGED 51 YEARS S/O.SALEENA, THARAKAN HOUSE, KOONAMOOCHI P.O., THRISSUR DISTRICT.

¶10

BY ADV. SRI.K.RAKESH

¶11

RESPONDENT/S:

¶12

1 THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA)

¶13

REPRESENTED BY ITS MEMBER SECRETARY, PALLIMUKKU, PETTA, THIRUVANANTHAPURAM, PIN-695024.

¶14

2 THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (DEIAA), THRISSUR, REPRESENTED BY ITS CHAIRPERSON, DISTRICT COLLECTOR, THRISSUR, PIN-680001.

¶15

3 THE SENIOR GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR, PIN-680020.

¶16

4 THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR, PIN-680001.

¶17

OTHER PRESENT:

¶18

MANURAJ K J GP

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No.18674 OF 2020(H)

¶21

¶22

JUDGMENT

¶23

Dated this the 20th day of November 2020

¶24

The petitioner has obtained an environmental clearance for removal of 3000 M³ of red earth. According to the petitioner, due to bad weather, the entire quantity could not be removed in spite of two extension orders. Exts.P4 and P5 are the applications submitted to remove the remaining quanity of red earth and seeks a direction for disposal of the same.

¶25

The learned Standing Counsel for the 1^st respondent opposed the prayer and submitted that the petitioner has to make a fresh application in Form-1 application appended to EIA notification 2006. In the light of the fact that the period mentioned in Exts.P4 and P5 is over, the petitioner is at liberty to approach the 1^st respondent in Form-1 application.

¶26

The writ petition is disposed of accordingly with the observation as above..

¶27

A.MUHAMED MUSTAQUE

¶28

JUDGE

¶29

Jm/

¶30

WP(C).No.18674 OF 2020(H)

¶31

¶32

APPENDIX

¶33

PETITIONER'S/S EXHIBITS:

¶34

EXHIBIT P1	TRUE COPY OF THE THE SEIAA AS NO.4	ORDER DATED 28.01.2016 OF 00/ECI/SEIAA/2828/2014.
EXHIBIT P2	TRUE COPY OF THE THE SEIAA AS NO.4	ORDER DATED 29.03.2017 OF 00/ECI/SEIAA/2828/2014.
EXHIBIT P3	TRUE COPY OF THE THE 3RD RESPONDEN SEIAA DATED 05.01	COMMUNICATION ISSUED BY T TO THE ADMINISTRATOR OF .2018.
EXHIBIT P4	TRUE COPY OF THE THE PROJECT MANAG STADIUM, LALOOR, RESPONDENT DATED	COMMUNICATION ISSUED BY ER, I.M.VIJAYAN INDOOR THRISSUR TO THE 4TH 25.08.2020.
EXHIBIT P5	TRUE COPY OF THE PETITIONER BEFORE 25.08.2020.	REQUEST MADE BY THE THE 4TH RESPONDENT DATED
EXHIBIT P6	TRUE COPY OF THE ORIGINALLY ISSUED FAVOUR OF THE PET	ENVIRONMENTAL CLEARANCE BY THE 1ST RESPONDENT IN ITIONER
EXHIBIT P7	TRUE COPY OF THE BY THE PETITIONER DATED 24/9/2020	REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT

Joshy Melayil T.a., v. the State Environmental Impact Assessment Authority (Seiaa)

Case brief

What is this about?

What did the court decide?

Joshy Melayil T.a., v. the State Environmental Impact Assessment Authority (Seiaa)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Additional Central Provident Fund Commissioner (Kerala Region) Vs P.Satheesh Kumar

P.M.Poulose Vs District Collector, Ernakulam District

Komu Moideen Vs State of Kerala

Raju Joseph Kuzhikala Vs Koipuram Grama Panchayat

Baiju P.A. Vs the State of Kerala

Kuriakose Abraham Vs State of Kerala