Disposed

Lisna Latheef v. Director

Kerala HC12 Jan 2021WP(C)/36/2021

Case brief

AI extract

What is this about?

The petitioner sought a direction for the 2nd respondent to consider his application for a permit under the Kerala Minor Mineral Concession Rules, 2015. The court directed the respondent to pass orders on the application within three weeks, considering an existing environmental clearance certificate and after hearing the parties.

What did the court decide?

Direction to the 2nd respondent to consider and pass orders on the Ext.P3 application for permit within three weeks, after hearing the petitioner.

Lisna Latheef Vs Director — Property and Title | 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 A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.36 OF 2021(D)

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PETITIONER:

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LISNA LATHEEF AGED 26 YEARS D/O. LATHEEF M.M., MUDAKKATHIL PUTHENPURAYIL HOUSE, WEST VENGOLA, ARAKKAPPADY, ERNAKULAM, KERALA-683 553.

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BY ADV. SRI.MANOJ P.KUNJACHAN

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RESPONDENTS:

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

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

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

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

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BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN BY ADV.SRI.T.NAVEEN, SC BY ADV SRI.M.P.SREEKRISHNAN,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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:2:

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WP(C).No.36 OF 2021(D)

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JUDGMENT

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The petitioner has preferred Ext.P3 application for permit under the Kerala Minor Mineral Concession Rules, 2015 before the 2^nd respondent. The limited prayer in the writ petition is for a direction to the 2^nd respondent to consider the same in the light of Ext.P2 environmental clearance certificate already issued by the State Environment Impact Assessment Authority, expeditiously, after hearing the petitioner.

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I have heard the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the respondents 1 and 2 and the learned Standing counsel appearing for the respondents 3 and 4.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2^nd respondent to consider and pass orders on Ext.P3 application for permit in the light of Ext.P2 environmental clearance certificate, within an outer time limit of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and others likely to be affected by any orders to be passed by the 2^nd respondent. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2^nd respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

JUDGE

mns/12.01.2021

:3:

WP(C).No.36 OF 2021(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF 2ND RESPONDENT	THE L DATED	ETTER OF INTENT ISSUED BY THE 24.2.2020.
EXHIBIT P2	A TRUE COPY 4.8.2020.	ENV	IRONMENTAL CLEARANCE DATED
EXHIBIT P3	A TRUE COPY OF PETITIONER BEF 16.10.2020.	THE ORE	APPLICATION SUBMITTED BY THE THE 2ND RESPONDENT DATED
EXHIBIT P4	A TRUE COPY O NATIONAL GREEN DELHI.	F TH TRI	E ORDER DATED 21.7.2020 BY BUNAL, PRINCIPAL BENCH, NEW

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Lisna Latheef v. Director

Case brief

What is this about?

What did the court decide?

Lisna Latheef v. Director

Case brief

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What did the court decide?

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