Disposed

M/S. Tmt Granites Pvt. Ltd. v. the State Environment Impact Assessment Authority

Kerala HC22 Mar 2022WP(C)/3439/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a granite quarry operator regarding the imminent expiry of their Environmental Clearance (EC). The operator sought protection from interference while the EC revalidation application was pending. The Court directed the first respondent to expedite the decision on revalidation within six weeks.

What did the court decide?

Directed the first respondent to take a speedy decision on the revalidation application within six weeks.

M/S. Tmt Granites Pvt. Ltd. Vs the State… — Mining and Natural Resources | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 22^ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 WP(C) NO.3439 OF 2022

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PETITIONER :-

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M/S.TMT GRANITES PVT. LTD. MANGALAM DAM P.O, PALAKKAD REPRESENTED BY ITS MANAGING DIRECTOR SRI.TOM GEORGE.

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BY ADVS. ENOCH DAVID SIMON JOEL RONY JOSE S.SREEDEV LEO LUKOSE SUZANNE KURIAN CIMIL CHERIAN KOTTALIL

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RESPONDENTS :-

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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.

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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.

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3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD- 678 014.

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4 VANDAZHY GRAMA PANCHAYAT MUDAPALLOOR P.O, PALAKKAD-678 706. REPRESENTED BY ITS SECRETARY.

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5 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678 001. REPRESENTED BY ITS ENVIRONMENTAL ENGINEER.

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BY ADV SRI.K.S.ARUNKUMAR, SC, VANDAZHY GRAMA PANCHAYAT BY SRI.M.P.SREEKRISHNAN, SC

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WP(C) NO.3439 OF 2022

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-: 2 :-

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BY SMT.PRINCY XAVIER, SR.GP BY SRI.T.NAVEEN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.3439 OF 2022

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-: 3 :-

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JUDGMENT

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Dated this the 22nd day of March, 2022

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This writ petition is filed seeking the following relief :-

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“(i) Issue a writ of mandamus or other appropriate writ order or direction directing the Respondents not to interfere with the quarrying operations being conducted by the petitioner on the strength of Ext.P2 EC, until orders on the application for revalidating the validity of Ext.P2 EC as directed by this Hon'ble Court by Ext.P4 judgment is issued by the 1^st Respondent.”

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Heard the learned counsel for the petitioner and the

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learned Standing Counsel appearing for the 2^nd respondent as well as the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the application submitted by the petitioner for revalidation of the Environmental Clearance is pending before the 1^st respondent and that the validity of the Environmental Clearance is due to expire on 31.3.2022.

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The learned Standing Counsel appearing for the 1^st respondent submits that the issue of revalidation of the Environmental Clearance is being taken up on priority basis, taking note of the fact that the Environmental Clearance already issued to the petitioner is to expire on 31.3.2022. It is submitted that appropriate steps shall be taken in the matter without any delay.

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WP(C) NO.3439 OF 2022

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In the above view of the matter, this writ petition is disposed of directing the 1^st respondent to take a speedy decision on the request made by the petitioner for revalidation, in accordance with law. Orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/22.3.2022

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WP(C) NO.3439 OF 2022

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-: 5 :-

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APPENDIX OF WP(C) 3439/2022

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE QUARRYING LEASE DATED 18.05.2017 VALID TILL 17.05.2029 ISSUED TO THE PETITIONER.
Exhibit	P1(a) TRUE COPY OF THE CONSENT TO OPERATE DATED 22.04.2021 VALID TILL 22.04.2022 ISSUED BY THE 5TH RESPONDENT
Exhibit	P1(b) TRUE COPY OF THE TRADE LICENSE DATED 26.04.2021 VALID TILL 31.03.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit	P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 49/2016 DTD. 23.04.2016 ISSUED BY THE 1ST RESPONDENT.
Exhibit	P3 TRUE COPY OF THE NOTIFICATION DATED 18.01.2021 BEARING NO. S.O. 221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS, UNION OF INDIA.
Exhibit	P4 TRUE COPY OF THE JUDGMENT DATED 02.11.2020 IN WP(C) NO. 10860/2020 ON THE FILES OF THIS HONâ€™BLE COURT.
Exhibit	P5 TRUE COPY OF THE ABSTRACT OF THE MINUTES OF THE 118TH MEETING OF THE 2ND RESPONDENT HELD IN FEBRUARY 2021.
Exhibit	P6 TRUE COPY OF THE ABSTRACT OF THE MINUTES OF THE 120TH MEETING OF THE 2ND RESPONDENT HELD IN MARCH 2021.
Exhibit	P7 TRUE COPY OF THE LETTER DATED 09.12.2021 ALONG WITH THE ABSTRACT OF THE MONITORING REPORT ISSUED BY THE INTEGRATED REGIONAL OFFICE OF THE MINISTRY OF ENVIRONMENT AND FORESTS, UNION OF INDIA.

M/S. Tmt Granites Pvt. Ltd. v. the State Environment Impact Assessment Authority

Case brief

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What did the court decide?

M/S. Tmt Granites Pvt. Ltd. v. the State Environment Impact Assessment Authority

Case brief

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What did the court decide?

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