Disposed

Environmental Protection and Research Council (Reg. 200/2017) v. State of Kerala

Kerala HC10 Oct 2023WP(C)/33119/2023

Case brief

AI extract

What is this about?

Environmental Protection and Research Council filed a writ petition seeking to quash mining clearances and order cessation of quarrying activities. The Court disposed of the petition by directing the first respondent to consider the petitioner's representations and inform them of the decision.

What did the court decide?

Directed the first respondent to consider representations made by the petitioner as early as possible and inform the petitioner about the decision taken.

Environmental Protection and Research Council (Reg… — Environment and Pollution | Kerala HC (2023)

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W.P.(C) No.33119 of 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 10^TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 WP(C) NO. 33119 OF 2023

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PETITIONER/S:

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ENVIRONMENTAL PROTECTION AND RESEARCH COUNCIL (REG. 200/2017) AGED 41 YEARS VRINDAVAN, A3- WINNER'S NAGAR, VAZHAYILA, PEROORKADA. P. O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT, SANJEEV. S. J., PIN - 695005

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BY ADVS. M.R.SARIN PARVATHI KRISHNA SAUMYA.P.S P.SANTHOSHKUMAR (KARUMKULAM)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR THIRUVANANTHAPURAM DISTRICT COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043 3 THE TAHSILDAR TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 4 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS AUTHORISED OFFICER, 4TH FLOOR, KSRTC TERMINAL COMPLEX,, THIRUVANANTHAPURAM, PIN - 695014 5 THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA) REPRESENTED BY ITS AUTHORISED OFFICER, CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695043

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W.P.(C) No.33119 of 2023 2

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6 THE DIRECTOR MINING AND GEOLOGY KESAVADASAPURAM, PATTOMN PALACE, THIRUVANANTHAPURAM, PIN - 695004

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7 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM DISTRICT OFFICE, PLAMOODU, THIRUVANANTHAPURAM, PIN - 695004

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8 THE VELLARADA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VELLARADA P.O., THIRUVANANTHAPURAM, PIN - 695505

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9 THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM, PIN - 695012

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10 TRAVANCORE READY MIX (PVT) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SUDHAKARAN, TC NO., 54/924, ROHINISADANAM, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM, PIN - 695020

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OTHER PRESENT:

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SR.GP.K.P.HARISH; SC FOR PCB T. NAVEEN,ADV.BIJI MANIHOT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.33119 of 2023

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A. J. Desai, C.J. &

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V.G. Arun, J.

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W.P(C). No.33119 of 2023

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Dated this the 10^th day of October 2023

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JUDGMENT

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A.J. Desai, C.J.

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By way of the present petition in the nature of public interest, petitioner seeks the following prayers;

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i). Issue a writ of certiorari or other appropriate writ, order or direction and call for the records leading to Exts.P1 and P2 and quash the same by issuing writ of certiorari.

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ii). Issue a writ of mandamus or order or direction directing the respondents 1 to 3 to pass orders directing the 10^th respondent to stop all quarrying activities and direct the 9^th respondent to see that the said order is duly implemented.

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iii). Issue a writ of mandamus or order or direction directing the 1^st respondent to dispose Ext.P6 & P6(a) forthwith at any rate within time fixed by this Hon'ble High Court.

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iv). To dispense with the filing of translation of vernacular documents.

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Having heard the learned Advocates for the parties, we dispose of this writ petition by directing the first respondent to consider the

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W.P.(C) No.33119 of 2023

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representations made by the petitioner as early as possible, in accordance with law, and to inform the petitioner with regard to the decision taken on the representations.

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Sd/-

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A. J. Desai Chief Justice

Sd/-

V.G. Arun Judge

dpk

W.P.(C) No.33119 of 2023

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APPENDIX OF WP(C) 33119/2023

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PETITION	ER EXHIBITS
Exhibit	P1	TRUE COPY OF THE CLEARANCE CERTIFICATE NO. 2/2017 DATED 29.03.2017 ISSUED BY 5TH RESPONDENT
Exhibit	P2	PHOTOCOPY OF THE QUARRYING LEASE DATED 23.11.2018 ISSUED BY THE 6TH RESPONDENT
Exhibit	P2(a)	PHOTOCOPY OF THE MINING PLAN
Exhibit	P3	THE PHOTOCOPY OF THE PATTA ISSUED IN FAVOUR OF SRI. KRISHNA PANICKER
Exhibit	P5	THE PHOTOCOPY OF THE STATEMENT FILED BY THE TAHSILDAR, NEYYATTINKARA, IN WP(C) NO. 7203/2023 OF THIS HON'BLE COURT
Exhibit	P6	THE PHOTOCOPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED ON 29/09/2023
Exhibit	P6(a)	THE PHOTOCOPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED ON 29/09/2023
Exhibit	P7	THE PHOTOGRAPHS OF THE QUARRY OF THE 10TH RESPONDENT

Environmental Protection and Research Council (Reg. 200/2017) v. State of Kerala

Case brief

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Environmental Protection and Research Council (Reg. 200/2017) v. State of Kerala

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