Dr. Kauser Edappagath, J
1. The petitioner company submitted an online application for environmental clearance to start a quarry before the 2nd respondent. The 2nd
respondent on receipt of the said application issued Ext.P22 notice to the petitioner stating that the proposed project area is situated in ESA Village,
MoEF&CC have issued draft notification on ESA on 31.07.2024, final notification is expected to be issued within sixty days and therefore, the
application of the petitioner is deferred till final notification is issued. The petitioner challenges Ext.P22 in this writ petition.
2. I have heard Sri. S. Sreekumar, the learned Senior Counsel instructed by Sri. S.K. Saju, the learned counsel for the petitioner, Sri. Sangeeth C.U.,
the learned Special Government Pleader and the learned Standing Counsel for the 2nd respondent.
3. The learned Senior Counsel submits that the petitioner has complied with all procedural formalities to facilitate the processing of its application for
environmental clearance and it has already obtained all necessary permits and licenses to start the quarry. The learned Senior Counsel relying on
Ext.P27 submitted that the 2nd respondent was pleased to grant environmental clearance to project proponents in various cases by answering mining
proposals in ESA Villages in the State.
Having heard both sides, this writ petition is disposed of with a direction to the 2nd respondent to consider the application for environmental clearance
filed by the petitioner, in accordance with law and also taking note of Ext.P27 after hearing the petitioner, within a period of two months from the date
of receipt of a copy of this judgment.
