Allowed

Binu Cherian v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Kerala HC18 Nov 2020WP(C)/25352/2020

Case brief

AI extract

What is this about?

This single judge order declares that the substantive issues raised in these four connected writ petitions concerning quarrying matters are covered by the judgment delivered in W.P.(C) No.18929 of 2020. The court, without recording separate reasons, disposes of the instant petitions by granting to the petitioners the identical relief accorded in the main judgment of W.P.(C) No.18929 of 2020.

What did the court decide?

The petitioners are granted the same relief as granted to the petitioners in W.P.(C) No.18929 of 2020 and connected cases.

Binu Cherian Vs State Level Environment Impact… — Company and Corporate | 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 MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.24278 OF 2020(H)

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PETITIONER:

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PYNADATH GRANITES (P) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHIBU P JOHN, AGED 48 YEARS, S/O. JOHN, PYNADATH HOUSE, KARUKUTTY P O, ERNAKULAM DISTRICT.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENTS:

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1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY 4TH FLOOR, KSRTC TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM – 695014. REPRESENTED BY ITS CHAIRMAN

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2 STATE LEVEL EXPERT APPRAISAL COMMITTEE, 4TH FLOOR, KSRTC TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM – 695014.

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SRI.M.P.SREEKRISHNAN – STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, ALONG WITH WP(C).25228/2020(C), WP(C).25286/2020(I), WP(C).25352/2020(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.24278 OF 2020& CONNECTED CASES

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.25228 OF 2020(C)

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PETITIONER:

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HILLTOP HOLDINGS AREACODE, MYTHRA P.O., MALAPPURAM - 673 639, REPRESENTED BY ITS MANAGING PARTNER SRI.BASIL MADAPPILLY.

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BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE

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RESPONDENTS:

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1 THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY K.S.R.T.C.BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001. REPRESENTED BY ITS MEMBER SECRETARY.

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2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE K.S.R.T.C.BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS CHAIRMAN.

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3 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.

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SRI M.P.SREEKRISHNAN – STANDING COUNSEL SRI.PAUL ABRAHAM VAKKANAL – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, ALONG WITH WP(C).24278/2020(H), WP(C).25286/2020(I), WP(C).25352/2020(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.24278 OF 2020& CONNECTED CASES

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.25286 OF 2020(I)

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PETITIONER:

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OASIS DALE AGGREGATE PRODUCTS (P) LTD. THOZHUPADAM P. O., CHELAKKARA, THRISSUR - 680568, REPRESENTED BY ITS MANAGING DIRECTOR, SHRI M. ABDUL RASHEED.

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BY ADVS. SRI.S.SREEDEV SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS MEMBER SECRETARY.

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2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS CHAIRMAN.

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3 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P. O., THIRUVANANTHAPURAM - 695 004.

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SRI M.P.SREE KRISHNAN – STANDING COUNSEL SRI.PAUL ABRAHAM VAKKANAL – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, ALONG WITH WP(C).24278/2020(H), WP(C).25228/2020(C), WP(C).25352/2020(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

WP(C).No.24278 OF 2020& CONNECTED CASES

¶45

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.25352 OF 2020(T)

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PETITIONER:

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BINU CHERIAN

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THAKKIRICKAL HOUSE, CHELAD P.O., KOTHAMANGALAM, ERNAKULAM.

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BY ADV. SRI.PHILIP J.VETTICKATTU

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RESPONDENTS:

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1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)

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REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM - 695001.

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2 STATE LEVEL EXPERT APPRISAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE, VELUKUDI, TRIVANDRUM - 695024.

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3 THE DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION, MANJERI, MALAPPURAM - 676 505.

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SRI. M.P.SREE KRISHNAN – STANDING COUNSEL SRI.PAUL ABRAHAM VAKKANAL – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, ALONG WITH WP(C).24278/2020(H), WP(C).25228/2020(C), WP(C).25286/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.24278 OF 2020& CONNECTED CASES

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¶64

W.P.(C) Nos.24278, 25352, 25286 and 25228 of 2020

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J U D G M E N T

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The issues raised in these writ petitions are covered by the judgment of this court in W.P.(C) No.18929 of 2020 and connected cases.

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In the circumstances, these writ petitions are disposed of granting to the petitioners the same relief as granted to the petitioners in W.P.(C) No.18929 of 2020 and connected cases.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.24278 OF 2020& CONNECTED CASES

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APPENDIX OF WP(C) 24278//2020

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PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF QUARRYING LEASE DATED 16.01.2017. EXHIBIT P2 TRUE COPY OF THE ENVIRONMENT CLEARANCE NO.14/2016 DATED 17/02/2016 ISSUED BY THE 1ST RESPONDENT AUTHORITY. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 DATED 03.11.2020.

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WP(C).No.24278 OF 2020& CONNECTED CASES

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APPENDIX OF WP(C) 25228/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE NO.11/2019 DTD. 14/05/2019 WITH FILE NO.1252/EC2/2019/SEIAA ISSUED BY THE 1ST RESPONDENT.

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WP(C).No.24278 OF 2020& CONNECTED CASES

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APPENDIX OF WP(C) 25286/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.2/2016 DATED 31.05.2017 WITH FILE NO.2/2016/DEIAA ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), THRISSUR.

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EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DATED 27.10.2017 VALID TILL 26.10.2029 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 06.10.2017 ISSUED BY THE 3RD RESPONDENT.

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WP(C).No.24278 OF 2020& CONNECTED CASES

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APPENDIX OF WP(C) 25352/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 16/10/2019, VALID UPTO 15/10/2020. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 5/2/2016 ISSUED TO THE PETITIONER, VALID UPTO 4/2/2021. EXHIBIT P3 TRUE COPY OF NOTIFICATION NO.S.O.2434(E). EXHIBIT P4 TRUE COPY OF NOTIFICATION NO.S.O.804(E) DATED 19/3/2015. EXHIBIT P5 TRUE COPY OF NOTIFICATION NO.S.O.4913(E) DATED 19/9/2018. EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF FORM 1 APPLICATION SUBMITTED BY THE PETITIONER DATED 7/7/2015. EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF APPROVED MINING PLAN DATED 21/1/2015. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 48TH MEETING OF THE 2ND RESPONDENT HELD ON 6/7-11-2015. EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 47TH MEETING OF THE 1ST RESPONDENT HELD ON 7/1/2016. EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE MEETING OF THE RESPONDENT DATED 31/10/2014. EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE MEETING OF THE RESPONDENT DATED 27/2/19

Binu Cherian v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Case brief

What is this about?

What did the court decide?

Binu Cherian v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Case brief

What is this about?

What did the court decide?

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