JIMMY JOSE v. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-22. JIMMY JOSE v. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. B. SURESH KUMAR TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28403 OF 2020(A) PETITIONER: M/S. ADUCADU GRANITES (P) LTD. KONNITHAZHAM, KONNI, PATHANAMTHITTA, REPRESENTED BY ITS DIRECTOR, SRI. MARTIN VARGHESE. BY ADVS. SRI. ENOCH DAVID SIMON JOEL SRI. S. SREEDEV SRI. RONY JOSE SHRI. CIMIL CHERIAN KOTTALIL RESPONDENTS: 1 THE STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MEMBER SECRETARY. 2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CHAIRMAN. 3 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P. O. , THIRUVANANTHAPURAM-695 004. BY ADVS. SRI. M. P. SREEKRISHNAN, SC SRI. K. J.
MANURAJ,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, ALONG WITH WP(C). 28500/2020(J), WP(C). 28530/2020(M), WP(C). 28859/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 28403 OF 2020(A)& conn. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. B. SURESH KUMAR TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28500 OF 2020(J) PETITIONER: M/S GIMSAK DEVELOPERS (P) LTD. M. G SQUARE, THODUPUZHA, IDUKKI-685 584, REPRESENTED BY ITS DIRECTOR, SRI MANESH THOMAS BY ADVS. SRI. ENOCH DAVID SIMON JOEL SRI. S. SREEDEV SRI. RONY JOSE SHRI. CIMIL CHERIAN KOTTALIL RESPONDENTS: 1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY K. S. R. T. C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPRUAM-695 001, REPRESENTED BY ITS MEMBER SECRETARY 2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE, K. S. R. T. C.
BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPRUAM-695 001, REPRESENTED BY ITS CHAIRMAN 3 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P. O. , THIRUVANANTHAPURAM-695 004 BY ADVS. SRI. M. P. SREEKRISHNAN SC SRI. K. J. MANURAJ,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, ALONG WITH WP(C). 28403/2020(A), WP(C). 28530/2020(M), WP(C). 28859/2020(F), THE COURT ON THE SAME DAY DELIVERED THE WP(C). No. 28403 OF 2020(A)& conn. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. B. SURESH KUMAR TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28530 OF 2020(M) PETITIONER: C. G. GEORGE AGED 57 YEARS CHITTETH HOUSE, KOOTHUPARAMBA P. O. , KANNUR - 670 632. BY ADVS. SRI. SANTHOSH MATHEW SRI. ARUN THOMAS SRI. JENNIS STEPHEN SRI. VIJAY V. PAUL SMT. KARTHIKA MARIA SRI. ANIL SEBASTIAN PULICKEL SMT. DIVYA SARA GEORGE SMT. JAISY ELZA JOE SHRI.
ABI BENNY AREECKAL SMT. LEAH RACHEL NINAN SMT. NANDA SANAL SMT. VEENA RAVEENDRAN RESPONDENTS: 1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS MEMBER SECRETARY. 2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC) 4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS MEMBER SECRETARY. SRI. M. P. SREEKRISHNAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, ALONG WITH WP(C). 28403/2020(A), WP(C). 28500/2020(J), WP(C). 28859/2020(F), THE COURT ON THE SAME DAY DELIVERED THE WP(C). No. 28403 OF 2020(A)& conn. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. B. SURESH KUMAR TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28859 OF 2020(F) PETITIONER: JIMMY JOSE AGED 37 YEARS VAZHEKUDIYIL HOUSE, NAKAPUZHA P. O, KALOORKAD, MUVATTUPUZHA, ERNAKULAM 686 668 BY ADVS.
SRI. ENOCH DAVID SIMON JOEL SRI. S. SREEDEV SRI. RONY JOSE SHRI. CIMIL CHERIAN KOTTALIL RESPONDENTS: 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 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 3 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING ANG GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P. O, THIRUVANANTHAPURAM 695 004 BY ADVS. SRI. M. P. SREEKRISHNAN SC SRI. K. J. MANURAJ,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, ALONG WITH WP(C). 28403/2020(A), WP(C). 28500/2020(J), WP(C). 28530/2020(M), THE COURT ON THE SAME DAY DELIVERED THE WP(C). No. 28403 OF 2020(A)& conn. cases W. P. (C) Nos.
28403, 28500, 28530 and 28859 of 2020 ----------------------------------------------- J U D G M E N T The issues raised in these writ petitions are covered by the judgment of this court in W. P. (C) No. 18929 of 2020 and connected cases. In the circumstances, these writ petitions are disposed of granting to the petitioners the same relief, as granted to the petitioners in W. P. (C) No. 18929 of 2020 and connected cases, subject to the modification that the directions aforesaid shall be complied with, within six months from today. Sd/- P. B. SURESH KUMAR Mn JUDGE WP(C). No. 28403 OF 2020(A)& conn. cases APPENDIX OF WP(C) 28403/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 19/2017 DATED 16. 12. 2017 ISSUED BY THE DEIAA, PATHANAMTHITTA. WP(C). No. 28403 OF 2020(A)& conn. cases APPENDIX OF WP(C) 28500/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 69/Q/2020 DTD 04. 08.
2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P1A TRUE COPY OF THE ERRATUM ORDER DTD 16. 09. 2020 ISSUED BY THE 1ST RESPONDENT WP(C). No. 28403 OF 2020(A)& conn. cases APPENDIX OF WP(C) 28530/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES ISSUED BY THE GEOLOGIST FOR DISTRICT OF KANNUR TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. 75/2016 DATED 01. 06. 2016 FOR A PERIOD OF 5 YEARS ISSUED IN FAVOUR OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE QUARRYING LEASE DATED 28. 12. 2016 EXECUTED BETWEEN THE PETITIONER AND THE STATE GOVERNMENT. EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31. 10. 2014. EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY, 2020. WP(C). No. 28403 OF 2020(A)& conn. cases APPENDIX OF WP(C) 28859/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERFIFICATE NO.
29/2017 DTD 31-07-2017 ISSUED BY THE DEIAA, ERNAKULAM //TRUE COPY// PA TO JUDGE
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