Dismissed

V.N.Gopinathan Pillai v. the State of Kerala

Kerala HC16 Jan 2020WP(C)/19311/2019

Case brief

AI extract

What is this about?

The High Court of Kerala directed the State Environment Impact Assessment Authority to consider the petitioner's representation regarding quarrying conditions. The court mandated that the Authority must account for prior reports and minimize delays while providing proper notice to interested parties.

What did the court decide?

Directs the 4th respondent (SEIAA) to consider the petitioner's representation (Ext.P4) within two months, ensuring conditions from reports R7(a), E2, E3, and E4 are accounted for, giving notice to pe

V.N.Gopinathan Pillai Vs the State of Kerala — Environment and Pollution | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 16TH DAY OF JANUARY 2020 / 26TH POUSHA, 1941

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WP(C).No.19311 OF 2019(L)

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PETITIONER/S:

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V.N.GOPINATHAN PILLAI

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AGED 76 YEARS,

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S/O NARAYANA PILLAI, VALIYATHOTTATHIL HOUSE, KOTTANGAL P.O., CHUNKAPPARA, PATHANAMTHITTA DISTRICT, PIN - 684 547

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BY V.N.GOPINATHAN PILLAI (PARTY IN PERSON)

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, TRIVANDRUM, PIN - 695 001,TRIVANDRUM DISTRICT

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT AND FOREST DEPARTMENT, SECRETARIAT, PIN - 695 001, TRIVANDRUM DISTRICT

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3 THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, PIN-695 001, TRIVANDRUM DISTRICT.

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4 THE CHAIRMAN (AUTHORIZED OFFICER), THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMBANOOR, PIN - 695 001, TRIVANDRUM DISTRICT

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5 THE DISTRICT COLLECTOR, PATHANAMTHITTA COLLECTORATE, PATHANAMTHITTA P.O., PIN - 684 540.

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6 THE DISTRICT GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION, ARANMULA P.O., PIN - 689 533, PATHANAMTHITTA DISTRICT.

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W.P.(C.) No. 19311/2019

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7 ABRAHAM.K. THOMAS, MANAGING DIRECTOR, M/S. AMITY ROCK PRODUCTS PVT. LTD., AVOLIMALA, KOTTANAGAL VILLAGE, CHUNKAPPARA P.O., PIN - 686 547, PATHANAMTHITTA DISTRICT.

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R1-3, R5 & R6 BY SRI. TEK CHAND, GOVERNMENT PLEADER R4 BY ADV. SHRI.M.P.SREEKRISHNAN, SC, SEIAA AND SEAC R7 BY ADV. SRI.PHILIP J.VETTICKATTU R7 BY ADV. SRI.G.HARIKRISHNAN (TRIPUNITHURA)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C.) No. 19311/2019

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JUDGMENT

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Dated this the 16th day of January 2020

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Shaji P. Chaly, J.

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This writ petition is filed as a Public Interest Litigation by a permanent resident of the Koottangal Grama Panchayat, who is said to be an environmental activist for the last 25 years and interested in the protection of environment, rivers etc.

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The petitioner appears in person. The subject issue relates to the quarrying done by the 7^th respondent in the writ petition i.e., Abraham K. Thomas, the Managing Director of M/s. Amity Rock Products Pvt. Ltd., Avolimala, Pathanamthitta District. According to the petitioner, as per Exts.P2 and P3 communications issued by the State Environment Impact Assessment Authority, Kerala dated 03.04.2019 and 14.01.2019 respectively, it was decided to grant certificate for conducting the quarry however subject to certain conditions. According to the petitioner, in accordance with the stipulations and the directions contained in Exts.P2 and P3, no action was initiated by the State Environment Impact Assessment Authority and thereupon, the petitioner has submitted Ext.P4 representation

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W.P.(C.) No. 19311/2019 -4-

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before the District Collector as well as the State Environment Impact Assessment Authority to take immediate action to implement the directions in the report, namely Exts.P2 and P3.

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However, the learned counsel appearing for the party respondent i.e., the 7^th respondent submitted that decisions are already taken in accordance with the report and has issued Ext.R7(a) Minutes of the 88^th meeting of the State Environment Impact Assessment Authority held on 25.01.2019 and therefore, the directions as sought for by the petitioner in this writ petition have no relevance at this point of time.

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Fact remains that Ext.P4 representation submitted by the petitioner before the State Environment Impact Assessment Authority, Kerala is pending consideration. The petitioner submitted that he would be satisfied, if a direction is issued to consider Ext.P4 representation in accordance with law, taking into account the contents of Exts.P2 and P3 Permissions/reports and Ext.R7(a) minutes of the State Environment Impact Assessment Authority.

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After having heard the petitioner, the learned Senior Government Pleader Sri. Tek Chand, the learned counsel

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W.P.(C.) No. 19311/2019

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appearing for the State Environment Impact Assessment Authority, Sri. M.P. Sreekrishnan and Sri.Philip J Vettikkattu, learned counsel appearing for the 7^th respondent, this writ petition is disposed of directing the State Environment Impact Assessment Authority, i.e., the 4^th respondent, to consider Ext.P4 representation submitted by the petitioner, taking into account the conditions and stipulations contained under Exts.R7(a) Minutes dated 25.01.2019, the provisions of the Disaster Management Act and any plan prepared thereunder and also Exts.P2 and P3 reports, if they are not already considered while taking a decision as per Ext.R7(a) Minutes dated 25.01.2019, at the earliest and at any rate within two months from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner and the project proponent namely the 7^th respondent.

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sd/-

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S. MANIKUMAR, CHIEF JUSTICE.

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sd/-

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SHAJI P. CHALY, JUDGE.

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W.P.(C.) No. 19311/2019

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APPENDIX

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PETITIONER'S EXHIBITS:
EXHIBIT P1	A TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KERALA STATE BIODIVERSITY BOARD TO THE PETITIONER, DATED NIL..
EXHIBIT P2	A TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE 4TH RESPONDENT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT, DATED 26.12.2018
EXHIBIT P3	A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 4TH RESPONDENT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT, DATED 14-1-2019
EXHIBIT P4	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 4 AND 5, DATED 24-5-2019
EXHIBIT P5	A TRUE COPY OF THE POSTAL RECEIPTS ISSUED FOR SENDING EXHIBIT -P4 TO RESPONDENTS 4 AND 5
EXHIBIT P6	TRUE COPY OF THE PLANS OBTAINED BY THE PETITIONER,DATED :NIL
EXHIBIT P7	TRUE COPY OF THE REPORT OF THE DIVISIONAL FOREST OFFICER,DATED 29-4-2017
EXHIBIT P7 (a)	TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT -P7
EXHIBIT P-8	TRUE COPY OF THE PAPER REPORT IN THE HINDU DAILY DATED 2-6-2018
EXHIBIT P-9	TRUE COPY OF THE PAPER REPORT IN THE HINDU DAILY DATED 8-6-2019
EXHIBIT P-10	THE PHOTOGRAPH OF THE QUARRYING SITE OF INITIAL STAGE OF QUARRYING.
EXHIBIT P-11	THE PHOTOGRAPH OF THE QUARRYING SITE OF THE PRESENT STAGE.
EXHIBIT P-12	THE PHOTOGRAPH OF THE QUARRYING SITE
EXHIBIT P-13	TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER FROM THE OFFICE OF FIRE AND RESCUE SERVICES, DATED 28-12-2015
EXHIBIT P-13 A	TRUE ENGLISH TRANSLATION OF EXHIBIT P-13

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W.P.(C.) No. 19311/2019

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EXHIBIT P-14	TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO-3698/2005
EXHIBIT P-15	TRUE COPY OF THE QUICK VERIFICATION REPORT OF VIGILANCE AND ANTI CORRUPTION BUREAU,DATED 29-7- 2017
EXHIBIT P-15 (a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P-15.
EXHIBIT P-16	TRUE COPY OF OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO-28496/2018
EXHIBIT P-17	TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER FROM COLLECTORATE, PATHANAMTHITTA DATED 2-5-2016
EXHIBIT P-17 (a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P-17
EXHIBIT P-18	THE PHOTOGRAPH SHOWING CONTAMINATED WATER IN OORUKUZHI THODU
EXHIBIT P-19	THE PHOTOGRAPH SHOWING CONTAMINATED WATER IN OORUKUZHI THODU
EXHIBIT P-20	THE PHOTOGRAPH SHOWING DUST PARTICLES THROUGH OUT THE AREA

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RESPONDENTS' EXHIBITS:

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EXT.R7(a):TRUE COPY OF RELEVANT PAGES OF MINUTES OF THE 88TH MEETING OF SEIAA.

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EXT.R7(b): TRUE COPY OF RELEVANT PAGE OF ACTION TAKEN REPORT DATED 23.01.2019.

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EXT.R7(C): TRUE COPY OF THE HALF YEARLY COMPLIANCE REPORT SUBMITTED BY THIS RESPONDENT.

/True Copy/

PS to Judge.

W.P.(C.) No. 19311/2019 -8-

V.N.Gopinathan Pillai v. the State of Kerala

Case brief

What is this about?

What did the court decide?

V.N.Gopinathan Pillai v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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