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2024 Supreme(Ker) 274

A. J. DESAI, V. G. ARUN
Bijo Jose, S/o. Jose Thomas – Appellant
Versus
State Environment Impact Assessment Authority(SEIAA) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ABDUL JAWAD K.A.GRANCY JOSE
For the Respondent: Nisha George, Mr.JOSEPH RONY JOSE, CGC, SRI.SANTHOSH MATHEW, Nandagopal Nambiar V.V, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN, SRI.VIJAY V. PAUL, SMT.KARTHIKA MARIA, SMT.VEENA RAVEENDRAN, SRI.ANIL SEBASTIAN PULICKEL, K.I.MAYANKUTTY MATHER(K/272/1984), GEORGE POONTHOTTAM (SR.)(K/000570/1979), SR.GP.S.KANNAN; SC FOR R1 M.P.SREEKRISHNAN

JUDGMENT :

A.J. Desai, J.

By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/original petitioner has challenged the judgment dated 03.02.2020 in W.P.(C) No.2650 of 2018 by which the learned single Judge has refused to entertain the petition seeking a writ of mandamus, declaring that the 5th respondent is not entitled to conduct quarrying operation on the basis of the Environmental Clearance Certificate issued on 29.11.2017 by the State Environmental Impact Assessment Authority, Kerala (SEIAA), since the certificate ought to have been issued by the Central Government in terms of the notification dated 14.03.2017 issued by the Ministry of Environment, Forest and Climate Change, Union of India. The other prayer is for a writ of mandamus commanding the concerned District Collector as well as the Geologist to see that the quarrying operations are not continued unless and until the appraisal is done and permission granted by the Expert Appraisal Committee and Regulatory Authority at the Central level.

2. In response to the notice issued by the learned single Judge, all the respondents filed their counter affidavits and opposed the grant of r

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