A statutory authority must exercise jurisdiction within defined limits; exceeding or misinterpreting these can lead to invalid decisions.

JUDGMENT :

C. JAYACHANDRAN, J.

1. Ext.P25 Order impugned in this Writ Petition reflects a classic example of abuse of power by the 1^st respondent Minority Commission.

2. The 1^st petitioner is the State Environment Impact Assessment Authority (for short 'SEIAA') and the 2^nd petitioner, the State Expert Appraisal Committee (for short 'SEAC'), both constituted in terms of Clause 3 of the Environmental Impact Assessment Notification, 2006 (for short, 'E.I.A Notification, 2006'). The 1^st respondent is the Kerala State Minority Commission constituted under Section 3 of the Kerala State Commission for Minorities Act, 2014 (for short, 'the Act, 2014'). The 2^nd respondent is a project proponent, who had applied for Environmental Clearance (E.C) before the 1^st respondent – the statutory authority constituted under the E.I.A Notification, 2006 - for conducting a granite building stone quarry. The impugned Ext.P25 Order of the 1^st respondent/Minority Commission found that the 2^nd respondent had produced all documents required for issuance of E.C for conducting the quarry; and accordingly directed the 1^st petitioner SEIAA to issue Environmental Clearance to the 2^nd respondent within a month from the date of Ext.P25.

3. The essential ground of challenge is absolute lack of jurisdiction of the 1^st respondent to issue an Order in the nature of Ext.P25. Section 9 of the Act, 2014 deals with the functions of the Commission and Section 12 deals with the powers. Sections 9 and 12 are extracted here below:

“9. Functions of the Commission.—The Commission shall perform the following functions, namely:—

(a) to evaluate the progress of the development of minorities in the State;

(b) to enquire and monitor the manner of functioning of various safeguards provided, in the Constitution of India or under any other law or under any order of the Government, for the welfare, protection and empowerment of the minorities in Kerala;

(c) to enquire in to specific complaints about deprivation of social, economic, educational and linguistic rights, safeguards and benefits of the minorities, to bring such matters into the notice of authorities concerned, to suggest remedial measures and to monitor the follow-up actions thereon;

(d) to participate in and give creative suggestions on, the planning programmes for the educational, social and economic development of the minorities;

(e) to make recommendations as to the steps to be taken by the Government for the effective implementation of the measures and safeguards for the educational, social and economic development, welfare and protection of the minorities and to make report to the Government either annually or at such other time, as the Commission may deem fit and to monitor their timely implementation;

(f) to cause studies to be undertaken into various problems arising out of discrimination towards minorities and recommend measures for their removal;

(g) to conduct studies, research and analysis and to organize seminars, symposium and awareness classes on the issues relating to social, economic and educational advancement of minorities;

(h) to suggest appropriate measures to be adopted by the Government in respect of minority;

(i) to submit report to the Government periodically or specially, on any matter pertaining to minorities, particularly in respect of difficulties being faced by them and their remedial measures;

(j) to discharge such other functions in relation to the protection, welfare, development and advancement of the minorities, as may be prescribed;

(k) to take necessary steps to ensure the representation of minorities proportionate to their population in various employment projects and social development projects;

(l) to ensure the efficient functioning of the law and order system in communal conflict prone areas and to bring