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2025 DAILYLAW 6691 (KER)

ANANTHU SUNIL v. THE DISTRICT COLLECTOR

WP(C)/13812/2025 · 2025-04-08

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30897 WP(C) NO. 13812 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 13812 OF 2025 PETITIONER: ANANTHU SUNIL AGED 34 YEARS, GALAXY HOME, GOVINDAMUTTAM, KARTHIKAPPILLY, ALAPPUZHA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MUHAMMED THOUSEEF P.M., S/O.P.M.MOOSAKUTTY, PEREKKATTIL HOUSE, ALUVA, PIN – 683102. BY ADVS. PHILIP J.VETTICKATTU NEENU BERNATH SAJU S. DOMINIC RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION, PAINAVU P.O., KUYILIMALA, IDUKKI, PIN - 685603. 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES 2025:KER:30897 WP(C) NO. 13812 OF 2025 2 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30897 WP(C) NO. 13812 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.13812 of 2025 -------------------------------------------- Dated this the 08th day of April, 2025 JUDGMENT The petitioner has preferred Ext.P7 application before the 1st respondent for extension of time for submission of the Environmental Clearance. As per Ext.P9 circular, the District Collector is to recommend such extension if the delay is not on account of a fault of the applicant. The petitioner seeks direction to the 1st respondent to consider Ext.P7 in the light of Ext.P9 circular. In the above circumstances, this writ petition is disposed of, directing the 1st respondent to consider and pass orders on Ext.P7 in the light of Ext.P9 circular after hearing the petitioner, at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. Till a decision is taken as directed above, no steps shall be taken to 2025:KER:30897 WP(C) NO. 13812 OF 2025 4 cancel the No Objection Certificate on the ground that the petitioner has not obtained the Environmental Clearance and has not commenced the quarrying operations. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30897 WP(C) NO. 13812 OF 2025 5 APPENDIX OF WP(C) 13812/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY DATED 25-12-2019. EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE COMPETENT AUTHORITY DATED 2-3-2021. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF APPROVED MINING PLAN ISSUED BY THE COMPETENT AUTHORITY. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS BEARING NO.DCIDK/549/2019-E9, DATED 20-8-2022 EXTENDING THE PERIOD FOR SUBMISSION OF ENVIRONMENTAL CLEARANCE. EXHIBIT P4(a) TRUE COPY OF THE PROCEEDINGS BEARING NO.DCIDK/549/2019-E, DATED 17- 3-2024 EXTENDING THE PERIOD FOR SUBMISSION OF ENVIRONMENTAL CLEARANCE FOR A FURTHER PERIOD OF ONE YEAR ISSUED BY THE RESPONDENT. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF 166TH MEETING WHICH HELD ON 11TH, 12TH AND 13TH JUNE, 2024 OF THE SEAC. EXHIBIT P6 TRUE COPY OF THE PROCEEDING DATED 24-12-2024 MAILED TO THE RQP OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 1-3-2025, SUBMITTED BEFORE THE 1ST 2025:KER:30897 WP(C) NO. 13812 OF 2025 6 RESPONDENT FOR EXTENSION OF TIME FOR PRODUCTION OF ENVIRONMENTAL CLEARANCE. EXHIBIT P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO0.5449/2020, DATED 11-3-2020. EXHIBIT P9 TRUE COPY OF THE CIRCULAR BEARING NO.REV- P2/66/2023- REV, ISSUED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, DT.1-11-2023. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 17-7-2024 IN W.P.(C) NO0.25341/2024.