IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 WP(C) NO. 24805 OF 2016 PETITIONER:

K.P.JOY, AGED 57 YEARS, S/O. LATE K.P. POULO, AGED 57 YEARS, MANAGING DIRECTOR, M/S. A-ONE SANDS PVT. LTD., ANNANAGAR, CHAMMNAMPATHY, GOVINDAPURAM P.O., CHITTUR TALUK, PALAKKAD DISTRICT-678 507.

BY ADVS.

SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, PARIYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI110003.

2 GOVERNMENT OF KERALA, REPRESENTE DBY ITS SECRETARY, DEPARTMENT OF ENVIRONMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3 KERALA STATE BIODIVERSITY BOARD, L-14, JAI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011, REPRESENTED BY ITS MEMBER SECRETARY.

4 GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, TOWN BUS STAND COMPLEX, PALAKKAD, PIN-678 001.

5 VILLAGE OFFICER, MUTHALAMADA 1 VILLAGE, MUTHALAMADA P.O., PALAKKAD DISTRICT, PIN-678 507.

6 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY KERALA PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM-

695 024. REPRESENTED BY ITS MEMBER SECRETARY.

BY ADV SRI.RAJAGOPALAN.A., CGC OTHER PRESENT:

SRI.RIYAL DEVASSY, GP, SRI.M.P.SREEKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.24805 of 2016 ------------------------------------------- Dated this the 12^th day of June, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

i. issue a writ of certiorari or any other appropriate order or direction quashing Ext.P19 order of the 6^th respondent, to the extent it applies to M/s. A-One Sands Pvt. Ltd., with serial No.9;

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 6^th respondent to issue physical/paper form of Environmental Clearance to the petitioner, in pursuance to the deemed EC enjoyed by him with effect from 1.5.2015, forthwith;

iii. issue any appropriate writ, order or direction, declaring that petitioner was enjoying the deemed EC with effect from 1.5.2015, in pursuance to the application dated 16.1.2015 submitted by him and hence the 6^th respondent is bound to issue the physical/paper form of EC to the petitioner, forthwith;

iv. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 6th respondent to consider and dispose of Ext.P23 application, in the light of the provisions of Ext.P22 EIA Notification, 2006;

v. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.

[SIC]

2. The main prayer in this case is to issue direction quashing Ext.P19 order of the 6^th respondent, to the extent it applies to M/s.A-One Sands Pvt Ltd. with serial No.9.

3. A perusal of the permits produced by the petitioner would show that the same is already expired. In such circumstance, this Writ Petition need not be retained. If there is any fresh cause of action, the same is left open.

With the above observation, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 24805/2016 PETITIONER EXHIBITS EXT. P1 TRUE COPY OF THE QUARRYING PERMIT NO.

61/GBS/DOP/2208/2012/AI/CRPS DATED 11.7.2012 ISSUED BY THE 4TH RESPONDENT.

EXT. P1(A) TRUE COPY OF THE INTERIM ORDER DATED

31.3.2015 IN W.P.C. NO. 10660/2015 OF THIS HON'BLE COURT.

EXT. P2 TRUE COPY OF PAGE 121 OF THE REPORT OF WGEEP HEADED BY PROF. MADHAV GADGIL.

EXT. P3 TRUE COPY OF THE OBJECTONS RAISED AT UN PERMANENT FORUM OF INDIGENOUS ISSUES TO INDIAN PROPOSALS, INCORPORATED AT PAGES 151-153 IN PART II OF THE REPORT SUBMITTTED BY THE WGEEP.

EXT. P4 TRUE COPY OF THE PAGE NOS. 3 TO 8 OF THE MANDATE OF THE PANEL, ORGANIZATION REPORT, ACTIVITIES UNDERTAKEN AND THE BOUNDARIES OF WESTERN GAHATS, IN THE REPORT SUBMITTED BY WGEEP.

EXT. P5 TRUE COPY OF THE PAGE NOS. 17 AND 18 OF