The court disposed of two writ petitions by granting the same relief ordered in a connected judgment, requiring compliance within six months.
Same relief as granted in W.P.(C) No.18929 of 2020, to be complied with within six months.
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 P.B.SURESH KUMAR
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942 WP(C).No.27244 OF 2020(E)
PETITIONER:
R.VIJAYAKUMARAN NAIR TC 36/820, KOCHU THEKKEMADAM, PERUNTHANI, VALLAKADAVU P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE SHRI.CIMIL CHERIAN KOTTALIL
RESPONDENTS:
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.
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.
3 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.
SRI.M.P.SREEKRISHNAN - SC SRI.PAUL ABRAHAM VAKKANAL – GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, ALONG WITH WP(C).25562/2020(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27244 OF 2020(E)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.25562 OF 2020(U)
PETITIONER:
M/s.ANANTHAPURI BLUE METALS MOONNUMUKKU, CHITHARA, KOTTARAKARA, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER
SRI. DILLY SUKHY.
BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE
RESPONDENTS:
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.
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.
SRI.M.P.SREEKRISHNAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, ALONG WITH WP(C).27244/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27244 OF 2020(E)
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W.P.(C) Nos.27244 and 25562 of 2020
J U D G M E N T
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.
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, subject to the modification that the directions aforesaid shall be complied with, within six months from today.
Sd/-
P.B.SURESH KUMAR JUDGE
PV
WP(C).No.27244 OF 2020(E)
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APPENDIX OF WP(C) 27244/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.8/2017 DTD. 06/02/2018 WITH FILE NO.DIA/KL/MIN/8578/2017 (P-4686/17) ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), THIRUVANANTHAPURAM
WP(C).No.27244 OF 2020(E)
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APPENDIX OF WP(C) 25562/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.17/2015 DATED 11.2.2016 WITH FILE NO.799/EC3/2042/SEIAA/2015 ISSUED BY THE IST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE CHALLAN FOR PAYMENT OF THE APPLICATION FEE OF RS.1 LAKH. EXHIBIT P3 TRUE COPY OF THE QUARRYING LEASE DATED 22.7.2019 VALID TILL 21.7.2024 ISSUED TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 11.3.2019 ISSUED BY THE 3RD RESPONDENT.
1 issue framed by the court
Whether identical relief already granted in a connected petition applies to these petitions with a six-month extension.
Colour shows how this judgement treated each authority
W.P.(C) No.18929 of 2020Followed¶36
W.P.(C) No.18929 of 2020 and connected cases
R.Vijayakumaran Nair
M/s.Ananthapuri Blue Metals
The State Environment Impact Assessment Authority
The State Level Expert Appraisal Committee
The Director of Mining and Geology
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
