Disposed

Shahad.P., v. the State Environment Impact Assessment Authority Kerala

Kerala HC2 Dec 2021WP(C)/16123/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed state authorities to consider and pass reasoned orders on pending representations submitted by petitioners concerning quarrying operations affecting their property, directing disposal after a hearing within three months.

What did the court decide?

Direction to respondents 2 to 4 to consider and dispose of representations after hearing parties within 3 months.

Shahad.P., Vs the State Environment Impact… — Environment and Pollution | Kerala HC (2021)

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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 T.R.RAVI

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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WP(C) NO. 16123 OF 2021

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PETITIONER:

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SHAHAD.P., AGED 34 YEARS, S/O.AHAMMEDKUTTY, RAHNA MANZIL, OZHUKUR, MALAPPURAM DISTRICT.

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BY ADV BABU S. NAIR

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA, REPRESENTED BY ITS SECRETARY, DEVIKRIPA, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM DISTRICT, PIN-695 024.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 505. 3 THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 505. 4 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN-676 121.

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WP(C) NOS. 16123 & 24212 OF 2021

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5 MALABAR AGGREGATES PVT. LTD., OZHUKUR P.O., WEST BAZAAR, MORAYOOR, MALAPPURAM DISTRICT, PIN-673 642, REPRESENTED BY ITS DIRECTOR, E.A.ABDUL KAREEM.

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BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE GOVT.PLEADER SRI.B.S.SYAMANTHAK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, ALONG WITH WP(C).24212/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 16123 & 24212 OF 2021

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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 T.R.RAVI

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943 WP(C) NO. 24212 OF 2021

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PETITIONER:

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AHAMMEDKUTTY AGED 56 YEARS, S/O.MOYIN HAJI, RAHNA MANZIL, OZHUKUR, MALAPPURAM DISTRICT.

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BY ADVS. BABU S. NAIR SMITHA BABU

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RESPONDENTS:

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1 THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY KERALA REP.BY ITS SECRETARY, DEVIKRIPA, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM DISTRICT, PIN 695 024 2 MALABAR AGGREGATES PVT. LTD. OZHUKUR P.O., WEST BAZAAR, MORAYOOR, MALAPPURAM DISTRICT, PIN 673 642, REP.BY ITS DIRECTOR, E.A. ABDUL KAREEM.

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BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE SRI.VIPIN NARAYAN, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, ALONG WITH WP(C).16123/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 16123 & 24212 OF 2021

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). Nos. 16123 & 24212 of 2021

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Dated this the 2^nd day of December, 2021

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JUDGMENT

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The grievance of the petitioners in these writ petitions is that quarrying operations that are being conducted is affecting their property and that their representations before the authorities are not being disposed of. The petitioner in W.P.(C). No.16123/2021 has preferred Exts.P2, P3 & P4 representations before respondents 2, 3 & 4 respectively and it is submitted by the petitioners that for the time being they will be satisfied if a direction is given to the said respondents to dispose of the applications after hearing them.

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In the above circumstances, these writ petitions are disposed of directing respondents 2 to 4 in W.P.(C) No.16123/2021 to consider and pass orders on Exts.P2, P3 & P4 representations in accordance with law and after hearing the petitioners and the 5^th respondent in W.P.(C). No.16123/2021. Necessary orders will be issued within 3 months from the date of receipt of a certified copy of

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WP(C) NOS. 16123 & 24212 OF 2021

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this judgment. The contentions of the parties are not gone into by

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this Court and it is made clear that they will be at liberty to raise all the contentions available to them before the authorities, which the

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authorities will consider and dispose of by a reasoned order.

Sd/-

T.R.RAVI JUDGE

WP(C) NOS. 16123 & 24212 OF 2021

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APPENDIX OF WP(C) 16123/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.164/2016 DATED 31.10.2016 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P2	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.07.20201.
Exhibit P3	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 05.07.2021.
Exhibit P3(A)	TRUE COPY OF THE ACKNOWLEDGMENT GIVEN BY THE 3RD RESPONDENT DATED 05.07.2021.
Exhibit P4	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 01.07.2021.
Exhibit P4(A)	TRUE COPY OF THE ACKNOWLEDGEMENT SHOWING THE RECEIPT OF EXHIBIT P4 DATED 01.07.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT AND SEAC DATED, 13/10/2021

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RESPONDENTS' EXHIBITS

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EXHIBIT R5(A) TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23.2.2021, IN WPC NO.4687/2021

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WP(C) NOS. 16123 & 24212 OF 2021

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EXHIBIT R5(B)	TRUE COPY OF PLAINT SUBMITTED BY SRI.MUHAMMED ASLAM IN O.S.NO.82/2018 BEFORE THE MUNISFF COURT, MANJERI
EXHIBIT R5(C)	TRUE COPY OF CONSENT LETTER DATED 24.08.2013 ISSUED BY THE FATHER OF THE PETITIONER AND HIS SIBLINGS
EXHIBIT R5(D)	TRUE COPY OF INFORMATION OBTAINED UNDER THE PROVISIONS OF RTI ACT, DATED 24.9.2021
EXHIBIT R5(E)	TRUE COPY OF INFORMATION OBTAINED UNDER THE PROVISIONS OF RTI ACT, DATED 24.9.2021
EXHIBIT R5(F)	TRUE COPY OF FIR IN CRIME NO.0396/2018 REGISTERED BY THE KONDOTTY POLICE STATION

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WP(C) NOS. 16123 & 24212 OF 2021

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APPENDIX OF WP(C) 24212/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.164/2016 DATED 31.10.2016 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE SITE PLAN OF THE 2ND RESPONDENT'S QUARRY

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RESPONDENT'S EXHIBITS

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Exhibit R2(a) TRUE COPY OF THE CONSENT ISSUED BY THE PETITIONER AND HIS BROTHERS FOR CONDUCTING QUARRYING OPERATIONS IN THEIR PROPERTY TO THIS RESPONDENT. Exhibit R2(b) TRUE COPY OF REPORT SUBMITTED BY THE VILLAGE OFFICER AFTER ENQUIRY INTO THE PROPERTY, DATED 16/09/2021. Exhibit R2(c) TRUE COPY OF INFORMATION OBTAINED UNDER THE PROVISIONS OF RTI ACT, FROM THE VILLAGE OFFICER DATED 24/09/2021. Exhibit R2(d) TRUE COPY OF FIR IN CIRME NO.0396/2018 REGISTERED BY THE KONDOTTY POLICE STATION. Exhibit R2(e) TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23/02/2021, IN WPC.NO.4687/2021.

Shahad.P., v. the State Environment Impact Assessment Authority Kerala

Case brief

What is this about?

What did the court decide?

Shahad.P., v. the State Environment Impact Assessment Authority Kerala

Case brief

What is this about?

What did the court decide?

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