2025:KER:26453 WP(C) NO. 7040 OF 2019 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 27th DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 7040 OF 2019 PETITIONER/S: ALEXANDER.K.J. KAYALVARATH EMMANUEL, PANAYAM P.O, PERINAD, KOLLAM - 691 601 BY ADVS. KARTHIKA MARIA ARUN THOMAS(K/844/2007) ANIL SEBASTIAN PULICKEL(K/000278/2018) VEENA RAVEENDRAN(K/838/2016) KURIAN ANTONY MATHEW(K/1812/2020) MATHEW NEVIN THOMAS(K/000936/2019) AMBIKA SANKAR(K/1328/2025) LEAH RACHEL NINAN(K/002325/2019) NAVYA SEBY(K/000990/2024) KUNCHACKO PRADEEP(K/000368/2024) ANJALY ELIAS(K/754/2020) SHINTO MATHEW ABRAHAM(K/977/2018) RESPONDENT/S: 1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA, DEVIKRIPA, PALLIMUKKU, PETTAH P.O, TRIVANDRUM - 695 024, REPRESENTED BY ITS MEMBER SECRETARY 2 DISTRICT ENVIORNMENT IMPACT ASSESSMENT AUTHORITY TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, TRIVANDRUM - 695 001 2025:KER:26453 WP(C) NO. 7040 OF 2019 2 3 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC), OFFICE OF THE DEAC, TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN - 685 001 4 ADDL R4, STATE LEVEL EXPERT ARRAISAL COMMITTEE, 4TH FLOOR, KSRTC BUS TERMINAL, TRIVANDRUM-695 001, REPRESENTED BY ITS MEMBER SECRETARY. ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 21-08- 2020 IN IA NO 1/20. BY ADV SRI.M.P.SREEKRISHNAN, SC SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26453 WP(C) NO. 7040 OF 2019 3 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No.7040 OF 2019 ………………………………………………. Dated this the 27th day of March, 2025 J U D G M E N T The petitioner seeks a limited prayer of consideration of Ext.P11(a) application made before the Member Secretary, State Environment Impact Assessment Authority (SEIAA) on 29.12.2018. The learned counsel for the petitioner submits that the said application was not accepted by the said authority, the 1st respondent. The Writ Petition was filed for a direction to the 1st respondent to accept Ext.P11(a) application, seeking environmental clearance. 2. After hearing both sides, I deem it appropriate to direct the 1st respondent to accept Ext.P11(a) and pass appropriate orders, if not already passed, in accordance with law, giving reasons, if any, in case the authority feels that the said application cannot be accepted. If the 1st respondent decides to entertain the application, orders shall be passed in accordance with law without any further delay. 2025:KER:26453 WP(C) NO. 7040 OF 2019 4 The Writ Petition is disposed of as above. SD/- MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:26453 WP(C) NO. 7040 OF 2019 5 APPENDIX OF WP(C) 7040/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PROCEEDINGS DATED 24.08.2017 PASSED BY THE DISTRICT COLLECTOR EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE SECRETARYTO PALLICKAL GRAMA PANJAYATH REFERRING TO THE DECISION GRANTING PERMISSION TO ESTABLISH TO THE DISTRICT COLLECTOR, DATED 23.06.2014 EXHIBIT P3 TRUE COPY OF LETTER FORWARDED BY THE DISTRICT GEOLOGIST DATED 21.03.2018 TO THE MINING AND GEOLOGY DIRECTOR, RECOMMENDING THE GRANT OF QUARRYING LEASE TO THE PETITIONER EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY THE DIRECTOR MINING AND GEOLOGY DATED 07.04.2017(SIC 2018) EXHIBIT P5 TRUE COPY OF PROCEEDING DATED 06.08.2018 APPROVING THE MINING PLAN SUBMITTED BY THE PETTIONER EXHIBIT P6 TRUE COPY OF EXPLOSIVE LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES TO THE PETITIONER AND VALID UP TO 31.03.2023 EXHIBIT P6(a) TRUE TYPED COPY OF NOC DATED 25.01.2019 ISSUED BY THE REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES EXHIBIT P7 TRUE COPY OF MINUTES OF THE 12TH MEETING OF THE DEAC HELD ON 22.11.2018 EXHIBIT P8 TRUE COPY OF MINUTES OF THE 13TH MEETING OF THE DEAC HELD ON 06.01.2018 EXHIBIT P9 TRUE COPY OF MINUTES OF THE 12TH MEETING OF THE DEIAA HELD ON 10.12.2018 2025:KER:26453 WP(C) NO. 7040 OF 2019 6 EXHIBIT P10 TRUE COPY OF ORDER DATED 13.09.2018 OF THE NATIONAL GREEN TRIBUNAL IN O.A. 186/2016 EXHIBIT P11 TRUE COPY OF ORDER DATED 11.12.2018 OF THE NATIONAL GREEN TRIBUNAL IN O.A.520/2016 EXHIBIT P11(a) TRUE COPY OF COVERING LETTER DATED 29.12.2018 FILED ALONG WITH THE APPLICATION FOR E.C EXHIBIT P12 TRUE COPY OF RECEIPT SHOWING RETURNING OF APPLICATION SUBMITTED BY THE PETITIONER FOR E.C EXHIBIT P12(a) TRUE COPY OF APPLICATION DATED 25.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE SEIAA EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 04.03.2014 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO. 30206/2009 EXHIBIT P14: TRUE COPY OF RELEVANT PAGES OF MINUTES OF 96TH MEETING OF THE SEAC KERALA, HELD ON 26TH AND 27TH APRIL 2019. EXHIBIT P15: TRUE COPY OF THE COVERING LETTER ALONG WITH WHICH THE POINT WISE EXPLANATION GIVEN BY THE PETITIONER. EXHIBIT P16: TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE MEETING OF THE SEAC. EXHIBIT P17: TRUE COPY OF THE ORDER DATED 10/06/2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P18: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11/06/2019. EXHIBIT P19: TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 95TH MEETING OF THE SEIAA HELD ON 09/07/2019. EXHIBIT P20: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16/09/2019 INTIMATING ITS 2025:KER:26453 WP(C) NO. 7040 OF 2019 7 DECISION TO REJECT THE APPLICATION. EXHIBIT P21: TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P22: TRUE COPY OF REPRESENTATION DATED 21/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENYT. EXHIBIT P23: TRUE COPY OF REPRESENTATION DATED 26/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P24: TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 1ST RESPONDENT IN ITS 101ST MEETING. EXHIBIT P25: TRUE COPY OF THE RELEVANT PAGES OF APPLICATION SUBMITTED BY THE PETITIONER IN FORM 1. EXHIBIT P26: TRUE COPY OF SKETCH PRODUCED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.