Mohammed M.I vs the District Environmental Impact Assessment Authority

Mohammed M.I vs The District Environmental Impact Assessment Authority

Type Court Judgment Court Kerala Decided Jun 11, 2024

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https://sooperkanoon.com/case/1298471

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Citation: sooperkanoon.com/1298471
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 11, 2024
Case Number: WP(C)/25688/2018

Parties & Advocates

Appellant / Petitioner

Mohammed M.I

Respondent

The District Environmental Impact Assessment Authority

Excerpt

.....house, ibrahim lane,thrikkakara p.o., 682 021, proprietor of united granites, chithramala estate, mazhuvannur p.o., valampoor, ernakulam - 686 689. by advs. sri.alex.m.scaria smt.saritha thomas respondents:1 the district environmental impact assessment authority represented by its chairman-district collector, collectorate p.o., kakkanad, ernakulam - 682 030. 2 the revenue divisional officer kochi - 682 001. 3 the director of mining and geology mining and geology directorate,kesavadasapuram, pattom p.o.,thiruvananthapuram - 695 004. 4 the district geologist civil station, ernakulam,kakkanad - 682 030.other present: sri.b.s.syamantak, gp this writ petition (civil) having come up for admission on 11.06.2024, the court on the same day delivered the following:p.v.kunhikrishnan, j.--------------------------------------------- ------------------------------------------------------ dated this the 11th day of june, 2024judgmentwhen this writ petition came up for consideration, the learned counsel for the petitioner submits that the writ petition can be closed with liberty to pursue the matter before seiaa. liberty grated. consequently, this writ petition is closed. sd/- p.v.kunhikrishnan judge aj appendix of wp(c) 25688/2018 petitioner’s exhibitsexhibit p1. true copy of the said lease orderwith registered lease deed which is valid up to 10.11.2020 from 11.11.2008. exhibit p2. true copy of the application dated 23.09.2017 submitted by the petitioner. exhibti p3. true copy of the letter of intent dated 21.01.2016 issued by the director of mining and geology. exhibit p4. true copy of the relevant page of the minutes of the 16th meeting of deac, ernakulam held on 28.11.2017. exhibit p5. true copy of the decision as item no.16-07 in the 16th meeting of the 1st respondent held on respondent’s exhibits exhibit r2(a). true copy of the complaint dated exhibit r(b). true copy of the complaint dated 05.12.2017. exhibit r(c). true copy of the review petition. //true.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 WP(C) NO. 25688 OF 2018 PETITIONER: MOHAMMED M.I AGED 59 YEARS, S/O.IBRAHIM,MANNATH HOUSE, IBRAHIM LANE,THRIKKAKARA P.O., 682 021, PROPRIETOR OF UNITED GRANITES, CHITHRAMALA ESTATE, MAZHUVANNUR P.O., VALAMPOOR, ERNAKULAM - 686 689. BY ADVS. SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS RESPONDENTS:
1 THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN-DISTRICT COLLECTOR, COLLECTORATE P.O., KAKKANAD, ERNAKULAM - 682 030. 2 THE REVENUE DIVISIONAL OFFICER KOCHI - 682 001. 3 THE DIRECTOR OF MINING AND GEOLOGY MINING AND GEOLOGY DIRECTORATE,KESAVADASAPURAM, PATTOM P.O.,THIRUVANANTHAPURAM - 695 004. 4 THE DISTRICT GEOLOGIST CIVIL STATION, ERNAKULAM,KAKKANAD - 682 030.
OTHER PRESENT: SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
--------------------------------------------- ------------------------------------------------------ Dated this the 11th day of June, 2024

JUDGMENT

When this writ petition came up for consideration, the learned Counsel for the petitioner submits that the writ petition can be closed with liberty to pursue the matter before SEIAA. Liberty grated. Consequently, this writ petition is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE AJ APPENDIX OF WP(C) 25688/2018 PETITIONER’S EXHIBITS

EXHIBIT P1. TRUE COPY OF THE SAID LEASE ORDER

WITH REGISTERED LEASE DEED WHICH IS VALID UP TO 10.11.2020 FROM 11.11.2008. EXHIBIT P2. TRUE COPY OF THE APPLICATION DATED 23.09.2017 SUBMITTED BY THE PETITIONER. EXHIBTI P3. TRUE COPY OF THE LETTER OF INTENT DATED 21.01.2016 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE 16TH MEETING OF DEAC, ERNAKULAM HELD ON 28.11.2017. EXHIBIT P5. TRUE COPY OF THE DECISION AS ITEM NO.16-07 IN THE 16TH MEETING OF THE 1ST RESPONDENT HELD ON RESPONDENT’S EXHIBITS EXHIBIT R2(A). TRUE COPY OF THE COMPLAINT DATED EXHIBIT R(B). TRUE COPY OF THE COMPLAINT DATED 05.12.2017. EXHIBIT R(C). TRUE COPY OF THE REVIEW PETITION. //TRUE COPY//

Same Court & Year Kerala · 2024 Same Parties Mohammed M.I vs The District Environmental Impact Assessment ... Same Judge Honourable Mr. Justice P.V.Kunhikrishnan