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2025 Supreme(Ker) 3047

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN
State Environment Impact Assessment Authority – Appellant
Versus
Kerala State Minority Commission – Respondent


Advocates Appeared:
For the Appellants : M.P. Sreekrishnan, A. Muhammed Musthafa, Thejalakshmi R.S.
For the Respondents: R.T. Pradeep, Niranjan T. Pradeep, Ajith Viswanathan

Table of Content
1. judicial observation on proper exercise of powers. (Para 1 , 6)
2. jurisdiction and powers of statutory bodies. (Para 2 , 4 , 5)
3. challenge to the authority's power. (Para 3)

JUDGMENT :

C. JAYACHANDRAN, J.

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

2. The 1st petitioner is the State Environment Impact Assessment Authority (for short 'SEIAA') and the 2nd 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 1st 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 2nd respondent is a project proponent, who had applied for Environmental Clearance (E.C) before the 1st 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 1st respondent/Minority Commission found that the 2nd respondent had produced a

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