Disposed

Thomas N P, v. Director

Kerala HC2 Feb 2021WP(C)/1218/2021

Case brief

AI extract

What is this about?

This order in a writ petition directs the Geologist, Mining Department, to decide a quarrying permit application within one month, hearing the petitioner, without waiting for the National Green Tribunal's fresh decision on distance norms applicable to stone quarries but not ordinary earth removal.

What did the court decide?

Directed the 2nd respondent to consider and pass orders on the quarrying permit application within one month after hearing the petitioner, without awaiting fresh NGT decision on distance norms.

Thomas N P, Vs Director — Kerala HC (2021) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942

¶5

W.P(C).No.1218 OF 2021(B)

¶6

PETITIONER:

¶7

THOMAS N P, AGED 70 YEARS, S/O.PAULOSE, KUDILINJARAKKATTU HOUSE, AIKARANAD NORTH, KADAYIRUPPU P.O., ERNAKULAM, KERALA-682 311

¶8

BY ADV. SRI.MANOJ P.KUNJACHAN

¶9

RESPONDENTS:

¶10

1 DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM,PIN-695 004

¶11

2 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE, KAKKANADU, ERNAKULAM DISTRICT,PIN-682 030

¶12

3 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU-KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM, KERALA-695 024

¶13

4 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM-695 004

¶14

BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER SRI.M.P.SREEKRISHNAN, SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

W.P.(C).No.1218/2021 :: 2 ::

¶17

J U D G M E N T

¶18

The petitioner has preferred Ext.P3 application seeking a quarrying permit and transit pass before the 2^nd respondent. The limited prayer in the writ petition is for a direction to the 2^nd respondent to consider and pass orders on Ext.P3 application, expeditiously, after hearing the petitioner.

¶19

I have heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 and 2, the learned Standing Counsel for the 3^rd respondent as also the learned Standing Counsel for the 4^th respondent.

¶20

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition by directing the 2^nd respondent to consider and pass orders on Ext.P3 application for quarrying permit preferred by the petitioner, without awaiting the fresh decision of the National Green Tribunal as regards distance norms, which norms are

¶21

W.P.(C).No.1218/2021 :: 3 ::

¶22

applicable in respect of stone quarry and not for removal of ordinary earth. The 2^nd respondent shall consider and pass orders, as directed, within one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of

¶23

this judgment, before the 2^nd respondent, for further action.

¶24

Sd/-

¶25

A.K.JAYASANKARAN NAMBIAR JUDGE

¶26

prp/2/2/2021

¶27

APPENDIX

¶28

PETITION	ER'S	EXHIBITS:
EXHIBIT	P1		A TRUE COPY OF THE 2ND RESPOND	THE ENT	LETTER OF INTENT ISSUED BY DATED 23.12.2019.
EXHIBIT	P2		A TRUE COPY 23.11.2020.	ENV	IRONMENTAL CLEARANCE DATED
EXHIBIT	P3		A TRUE COPY OF PETITIONER BEF 02/12/2020.	THE ORE	APPLICATION SUBMITTED BY THE THE 2ND RESPONDENT DATED
EXHIBIT	P4		A TRUE COPY OF NATIONAL GREEN DELHI.	TH TRI	E ORDER DATED 21.07.2020 BY BUNAL PRINCIPAL BENCH, NEW
RESPONDE	NTS	EXHIBITS :	NIL.

¶29

//TRUE COPY//

¶30

P.S. TO JUDGE

Thomas N P, v. Director

Case brief

What is this about?

What did the court decide?

Thomas N P, v. Director

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

M. Damodaran Master Vs Mattannur Municipality

Nancy Sirajudeen Vs Shaji S.

K.Ratnamani Vs the Senior Geologist

M.H.Sakeer Vs the State of Kerala

Jitha.K.S Vs Thrissur Muncipal Corporation

Nasar Vs State of Kerala