Environment (Protection ) Act - Environmental clearance - Amendment on 10-4-1997 making public hearing mandatory - Application made earlier for clearance rejected - Board carried on correspondence seeking review - Clearance granted on 20-1-1998 without taking note of the amendment - Clearance granted without conducting public hearing - Complaint regarding the studies conducted by the TBGRI appears to be true - Ministry is directed to reconsider the question of the grant of environmental clearance after directing the Board to comply with the requirements of the notification as amended to the extent of compliance with the requirement of public hearing as envisaged by the amended notification, before deciding to grant or refusing to grant environmental clearance sought for by the Board. [Chalakudy Puzha Samrakshana Samithi vs State of Kerala and ors. OP.Nos. 1774/2001, OP 3581/2001 & 7713/2001. Dated 17th October, 2001 P.K.Balasubramanyan & M.Ramachandran (JJ)]
Art. 226 - Bank Guarantee invocation for fictitious liability - Cause injury to the petitioner - Court can interfere - Merely because the agreement provides that any dispute with regard to the matter arising out of the contract will be amenable for decision by the Courts at Thiruvanthapuram, it cannot be taken that the jurisdiction under Art.226 to challenge an executive order is taken away. [Kenny Manuel Vettoor Vs. The Managing Director and others, 2002 (2) KLT 499. . K.A.Abdul Gafoor (J)]
Unaided school - Management agreed to pay at the rate mentioned in the agreement cannot deviate from it. Educational institution is not meant for to amass wealth or to earn profit. writ petition is maintainable .[P.J.Sebastian vs A.M.Joseph. 2002 (1) KLT 830. K.A.Abdul Gafoor (J)]
Art.226 - Sand Mining - Restrictions imposed - 12 directions issued - Duty of the State Government through its administrative and police officers at sufficiently high levels to ensure that these difficulties are strictly complied with . [Association for Environment Protection vs State of Kerala. , 2002 (1) KLT 723 = 2002 (1) KLJ 148 . B.N.Sreekrishna (CJ) & M.Ramachandra (J)]