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2019 Supreme(Ker) 960

DEVAN RAMACHANDRAN
C. G. George, S/o. George – Appellant
Versus
State of Kerala Represented By Its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri. George Mecheril, Adv.
For the Respondent: Sri. Ranjith Thampan, Addl. Ag, Sri. Sandesh Raja, Spl. Govt. Pleader, Sri. M.P.Sreekrishnan, Sc, Sri. P.Vijayakumar, Asg

JUDGMENT :

In these matters, the validity of an Office Memorandum dated 08.08.2019, issued by the Ministry of Environment, Forest and Climate Change has been called into question. The petitioners, who are all persons/entities engaged in quarrying activities on the strength of Mining Leases and Environmental Clearances, allege that the impugned Office Memorandum dated 08.08.2019 (hereinafter referred to as 'the Office Memorandum') has been issued without competence and in excess of jurisdiction and therefore, that the same is illegal, unlawful and unconstitutional.

2. The proximate reason for the petitioners to have approached this Court in this fashion is because, based on the Office Memorandum, the concerned Geologists appear to have issued proceedings stopping their quarrying activities solely for the reason that they have not obtained prior clearances from the Standing Committee of the National Board for Wildlife ('the Standing Committee' for short), constituted under the provisions of the Wildlife Protection Act, 1972. The petitioners say that the proceedings issued by the concerned Geologist stopping their activities are grossly improper and egregiously without basis and therefo

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