2020 Supreme(Ker) 367
ALEXANDER THOMAS
Muhammad Bappu @ Muhammad S/o Unnimamu – Appellant
Versus
Senior Geologist District Office, Department of Mining and Geology – Respondent
Advocates:
Advocate Appeared:
For the Petitioners: Sri. S. Sreekumar, Sri. P. Martin Jose, Sri. P. Prijith, Sri. Thomas P. Kuruvilla, Sri. R. Githesh, Sri. Ajay Ben Jose, Sri. Manjunath Menon, Sri. Sachin Jacob Ambat, Sri. Harikrishnan S.
For the Respondent: Sri. Jestin Mathew.
JUDGMENT :
ALEXANDER THOMAS, J.
1. The case set up in the W.P. (C) is as follows:
That the petitioner and his son together has been issued with Exhibit P1 building permit. On the bona-fide belief that the petitioner requires Environmental Clearance for the removal of ordinary earth for the construction of the building for which Exhibit P1 building permit was issued, the petitioner applied for the same and obtained Exhibit P3 Environmental Clearnace. Since the validity of Exhibit P3 expired on 15.11.2019, the petitioner made an application for extension of Environmental clearance. The petitioner also submitted Exhibit P4 application before the 1st respondent for quarrying permit to excavate ordinary earth for the construction of the building under Rule 14 of Kerala Minor Mineral Concession Rules, 2015. However, the 1st respondent is insisting for Environmental Clearance from the State Environment Impact Assessment Authority for granting quarrying permit which is not necessary in light of decision in Sivaraman's case 2020 (1) KLT 375. The petitioner filed W.P. (C) No. 4323 of 2020 before this Court for a direction to the 1st respondent to issue quarrying permit without insisting for env
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