KICHU K.RAVI Vs. STATE ENVIRONMENTAL ASSESSMENT AUTHORITY

JUDGEMENT

(1.) This appeal is filed at the instance of the fifth respondent in the writ petition. The appellant/fifth respondent is the holder of the Environment Clearance for the purpose of a Granite Building Stone Quarry in Thalappally Taluk, Thrissur District.

(2.) The writ petition was filed challenging the Environmental Clearance as early as on 22/2/2024. Thereafter, a representation which is marked as Ext.P14 in the writ petition was filed before the State Environmental Impact Assessment Authority. This representation was submitted, pending writ petition, on 12/5/2024. Thereafter, the learned Single Judge disposed of the writ petition directing the State Environmental Impact Assessment Authority to consider the representation. This is questioned before this Court in this writ appeal by the fifth respondent.

(3.) The learned Senior Counsel appearing for the appellant/fifth respondent submits that no Writ of Mandamus would lie in the matter where representation itself was submitted subsequent to the writ petition. It is submitted that the remedy of any aggrieved person to challenge the Environmental Clearance lies before the National Green Tribunal invoking Sec. 16(h) of the National Green Tribunal Act. It is further submitted that under Clause 8(v) of EIA Notification 2006, on a limited ground alone, the State Environmental Impact Assessment Authority can revisit the issuance of Environmental Clearance.