Disposed

Thamban K.P v. the State Environment Impact Assessment Authority

Kerala HC22 Nov 2022WP(C)/33867/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged illegal mining by the 3rd respondent and sought cancellation of the 3rd respondent's Environmental Clearance. The court directed the District Collector to forward files to the SIEA and allowed the Authority three months to decide on the cancellation petition after hearing parties.

What did the court decide?

Directed the District Collector to forward files to the 1st respondent within three weeks; the 1st respondent to decide on the petitioner's representation on Ext.P5 after giving a hearing opportunity

Thamban K.P Vs the State Environment Impact… — Environment and Pollution | Kerala HC (2022)

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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 N.NAGARESH

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TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
WP(C) NO. 33867 OF 2022

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PETITIONER:

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THAMBAN K.P
AGED 47 YEARS
S/O NARAYANAN,
KIZHAKKEPURAYIL HOUSE,
PRAPOYIL P.O, KANNUR DISTRICT
PIN – 670511

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BY ADVS.
V.HARISH
RAJAN VISHNURAJ

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY 4TH FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM, PIN - 695036 REPRESENTED BY ITS MEMBER SECRETARY,

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2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE 4TH FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM REPRESENTED BY ITS MEMBER SECRETARY PIN - 695036

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3 HABEEBULLAH M.A S/O ABDULLA P.M, RESIDING AT MULLAI AZHIKODANTAKATH, BAKKALAM P.O, THALIPARAMBA TALUK, KANNUR PIN - 670562

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4 ADDL.R4:THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, KANNUR, CIVIL STATION, KANNUR-670 002.

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WP(C) No.33867 of 2022

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5ADDL. R5:THE DISTRICT COLLECTOR,
COLLECTORATE, THAVAKKARA, KANNUR-670 002

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(ARE IMPLEADED AS PER ORDER DATED 07-11-2022 IN
IA 1/2022)

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BY ADVS.
M.P.SREEKRISHNAN
ABDUL RASAC
P.P.NIYAS(k/1344/1995)
SMT.VIDYA KURIAKOSE GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.33867 of 2022

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JUDGMENT

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Dated this the 22^nd day of November, 2022

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The petitioner, who is a permanent resident of Prapoyil in Kannur District, is before this Court aggrieved by the illegal and unscientific mining allegedly conducted by the 3^rd respondent in the land comprised in Survey Nos.167 part and 168/3 in Thirumeni Village of Thaliparamba Taluk in Kannur District.

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According to the petitioner, the 3^rd respondent has obtained Ext.P3 Environmental Clearance from the additional 4^th respondent-District Environment Impact Assessment Authority, Kannur, for a period of three years. The petitioner alleges that the 3^rd respondent has obtained the Environmental Clearance suppressing material facts and giving misleading information.

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WP(C) No.33867 of 2022

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The petitioner and his family members are residing

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near the Quarry Unit run by the 3^rd respondent and are highly aggrieved by the environmental damage being caused by the Quarry. The petitioner has therefore submitted Ext.P5 representation before the State Environment Impact Assessment Authority.

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The petitioner has approached this Court seeking to direct the 1^st respondent to consider Ext.P5 representation in accordance with law and cancel Ext.P3 Environmental Clearance after giving an opportunity of being heard to the petitioner and the 3^rd respondent.

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Counsel for the 3^rd respondent entered appearance

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and resisted the writ petition. The 3^rd respondent denied all the material allegations made by the petitioner in the writ petition and in Ext.P5 representation. The 3^rd respondent submitted that he has not given any misleading information and Ext.P3 Environmental Clearance was obtained after

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WP(C) No.33867 of 2022

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inspection by the competent authorities.

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Standing Counsel for the 1^st respondent-State Environment Impact Assessment Authority submitted that on receipt of the complaint from the petitioner, the 1^st respondent has called for a report from the District Collector, Kannur, who was the Chairman of the District Environment Impact Assessment Authority. As and when the report is received, further action can be taken in the matter.

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Taking into consideration the nature of the issue involved and the relief prayed, this Court is of the view that the

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State Environment Impact Assessment Authority should be provided with all requisite documents and files to take appropriate decision in the matter.

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The writ petition is therefore disposed of directing the additional 5^th respondent-District Collector to forward all the files relating to Ext.P3 Environmental Clearance and a report to the 1^st respondent, within a period of three weeks. The

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WP(C) No.33867 of 2022

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1^st respondent shall take appropriate decision on Ext.P5

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representation submitted by the petitioner, after giving an opportunity of hearing to the petitioner and the 3^rd respondent, if warranted, within a further period of three months.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.33867 of 2022

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APPENDIX OF WP(C) 33867/2022

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`PETITION` `Exhibit`	`ER EXHIB` `P1`	`ITS` `A TRUE PHOTOCOPY OF THE FORM 1M`
		`APPLICATION SUBMITTED BY THE 3RD`
		`RESPONDENT BEFORE THE DEIAA DATED` `13.10.2017`
`Exhibit`	`P2`	`A TRUE PHOTOCOPY OF THE REPORT OF THE` `HVRA CELL OF DEPARTMENT OF REVENUE AND` `DISASTER MANAGEMENT, GOVERNMENT OF` `KERALA`
`Exhibit`	`P3`	`A TRUE PHOTOCOPY OF THE EC NO.` `150/KNR/2017/DEIAA DATED 05.01.2018`
		`GRANTED TO THE 3RD RESPONDENT BY THE` `DEIAA KANNUR`
`Exhibit`	`P4`	`A TRUE PHOTOCOPY OF THE RELEVANT PAGES` `OF THE APPROVED MINING PLAN OF THE 3RD` `RESPONDENT'S QUARRY`
`Exhibit`	`P5`	`A TRUE PHOTOCOPY OF THE REPRESENTATION`
		`PREFERRED BY THE PETITIONER ON` `03.08.2022 BEFORE THE CHAIRMAN OF THE` `1ST RESPONDENT`
`Exhibit`	`P5(a)`	`A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT` `CARD RECEIVED BY THE 1ST RESPONDENT ON` `06.08.2022`

Thamban K.P v. the State Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

Thamban K.P v. the State Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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