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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SUDHEESH A.T. – Appellant
Versus
THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1 , 2) |
| 2. understanding petitioners' reliance on supreme court's previous order. (Para 3) |
| 3. discussions on legal arguments by the parties. (Para 4 , 5) |
| 4. court's analysis of the supreme court's orders. (Para 6 , 7 , 8) |
| 5. final judgment and directive by the court. (Para 10) |
COMMON JUDGMENT
In this batch of 21 cases, all the writ petitioners essentially seek the same relief, which pertains to a condition incorporated in the Environmental Clearance issued by the State Environmental Impact Assessment Authority ('SEIAA' for short). One such condition, incorporated in the case of petitioner in W.P.(C) No.28314/2024, is extracted here below:
“Condition No.5: Since, the project is located within 10km of Peechi Vazhani Wild Life Sanctuary and Chimmony Wild Life Sanctuary, the project proponent has to obtain Wild Life Clearance from the SCNBWL as per the OM dated 17/05/20225 of MoEF & CC as per the directions in the Hon’ble Supreme Court judgment dated 26/04/2023 in I.A.13177 of 2022 before the commencement of mining”.
In respect of a similar condition imposed in the Environmental Clearance issued by SEIAA, the Hon’ble Supr
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