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Judgment
Anu Sivaraman, J
This writ petition is filed seeking the following relief :-
“(i) Issue a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to process the application for environmental
clearance submitted by the petitioner, on the basis of Ext.P3 District Survey Report, without insisting for a District Survey Report in terms of the
Notification dated 25.07.2018, as expeditiously as possible, at any rate, within a period of 3 weeks.â€
Heard the learned counsel for the petitioner and the learned CGC appearing for respondents 1 and 2 as well as the learned Standing Counsel
appearing for the 5th respondent and the learned Government Pleader.
It is submitted by the learned counsel for the petitioner that the 5th respondent authority has not been reconstituted yet and therefore, the application
submitted by the petitioner has to be considered by the 2nd respondent. It is further submitted that the Geologist has certified that as far as the State of
Kerala is concerned, the valid DSR is the one published in the year 2016 by the Department of Mining and Geology, Government of Kerala and that
no further changes have been made to the DSR 2016 by the Department thereafter. It is, therefore, contended that the application has to be
considered on the basis of the DSR 2016 issued by the Department of Mining and Geology, Government of Kerala.
In the above view of the matter, this writ petition is also disposed of, directing the 2nd respondent to consider and pass orders on the application
submitted by the petitioner for Environmental Clearance which is referred to in Ext.P2 on the basis of DSR 2016 issued by the Department of Mining
and Geology, Government of Kerala, which has been certified to confirm with Notification No.SO 3611(E) dated 25.07.2018. Appropriate steps shall
be taken by the 2nd respondent, in accordance with law.
This writ petition is ordered accordingly.