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Kerala High Court
Sri. Suhaib K vs The Director on 22 May, 2024
WP(C) No.15607/2024 1/4 Order Date : 22-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
WP(C) NO. 15607 OF 2024
PETITIONER:
SRI. SUHAIB K., AGED 35 YEARS, S/O.LATE K.MUHAMMED, KALODI HOUSE,
KALLARMANGALAM, MALAPPURAM, PIN - 676553.
RESPONDENTS:
1. THE DIRECTOR, MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P. O, TRIVANDRUM, PIN - 695004
2. THE DISTRICT, GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT
OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM, PIN - 676121.
3. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, 4 TH FLOOR, KSRTC BUS
TERMINAL COMPLEX, TRIVANDRUM REPRESENTED BY ITS MEMBER SECRETARY,
PIN - 695001.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIATE, TRIVANDRUM, PIN - 695001.
5. MINISTRY OF ENVIRONMENT & FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD,NEW DELHI,REPRESENTED BY ITS DIRECTOR, PIN -
110993.
6. UNION OF INDIA, MINISTRY OF MINES, REPRESENTED BY ITS SECRETARY, 3
RD FLOOR, A WING SHASTRI BHAVAN, NEW DELHI., PIN - 110001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to finalize and dispose of the Ext
P8(a) application submitted by the petitioner for transfer of quarrying
lease, and issue movement permits by considering Exts.P10 to P13 and by
extending the benefit of S.O.1807(E), dated 12-4-2022, pending disposal of
the above Writ Petition, forthwith.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC Advocates for
the petitioner, the court passed the following:
WP(C) No.15607/2024 2/4 Order Date : 22-05-2024
C.JAYACHANDRAN, J.
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W.P.(C) No.15607 of 2024
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Dated, this the 22nd May, 2024
O R D E R
Admit.
2. Learned Government Pleader takes notice for respondents 1, 2 and 4. Adv.M.P.Sreekrishnan, learned Standing Counsel takes notice for the 3rd respondent. Learned Deputy Solicitor General of India takes notice for respondents 5 and 6.
3. Having heard the learned counsel appearing for respective parties, this Court is inclined to grant an interim order directing the 2nd respondent to consider and pass orders in Ext.P8(a) application, in the light of Exts.P17 notification and P19 order. It is clarified that the said order will be subject to the availability of project life and mineable mineral resource and on WP(C) No.15607/2024 3/4 Order Date : 22-05-2024 W.P.(C) No.15607 of 2024
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condition that the petitioner holds all other statutory permits/licences/consent. If the quarrying permit is renewed, further licence/pass shall also be issued.
4. Respondents to place their counter affidavit.
Post on 24.06.2024.
Sd/-
C.JAYACHANDRAN, JUDGE ww WP(C) No.15607/2024 4/4 Order Date : 22-05-2024 APPENDIX OF WP(C) 15607/2024 Exhibit P1 TRUE COPY OF THE QUARRY LEASE DATED 19-3-2021 EXECUTED BETWEEN THE COMPETENT AUTHORITY AND THE SRI.K.MUHAMMED Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCEDATED 17-3-2018 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN, WHICH BEARS THE ENDORSEMENT AS "APPROVED" ON 23-10-2017 Exhibit P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 20-4-2018, ISSUED TO SRI.K.MUHAMMED Exhibit P5 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 12-2-2019 ISSUED BY THE COMPETENT AUTHORITY TO SRI.K.MUHAMMED Exhibit P6 TRUE COPY OF THE DEEMED LICENSE DATED 11-4-2020, ISSUED BY THE SINGLE WINDOW CLEARANCE BOARD TO SRI.K.MUHAMMED Exhibit P7 TRUE COPY OF THE DEATH CERTIFICATE DATED 11-10-2022 ISSUED BY THE COMPETENT AUTHORITY Exhibit P7(a) TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY Exhibit P8 . TRUE COPY OF THE CONSENT DATED 5-12-2023 GIVEN BY THE LEGAL HEIRS OF LATE K.MUHAMMED Exhibit P8(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT.7-12-2023 Exhibit P9 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DATED 10-1-2024 Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE SEIAA BEARING NO.SIA/KL/MIN/295247/2022, FILE NO.1160/EC/SEIAA/KL/2017, DATED 14-2-2023, TRANSFERRING THE CLEARENCE TO THE PETITIONER Exhibit P11 TRUE COPY OF THE PROCEEDINGS OF THE POLLUTION CONTROL BOARD MODIFYING THE CONSENT TO OPERATE DATED 22-2-2024 Exhibit P12 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 21-3-2024 ISSUED BY THE EXPLOSIVE DEPARTMENT Exhibit P13 TRUE COPY OF THE DEEMED LICENSE ISSUED BY THE SINGLE WINDOW CLEARANCE BOARD DATED 1-4-2024 Exhibit P14 TRUE COPY OF THE COVERING LETTER ALONG WITH WHICH THE MODIFIED DOCUMENTS WITH CHANGE OF NAME ARE GIVEN TO THE 2ND RESPONDENT Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20483/2021 PASSED BY THIS HON'BLE COURT Exhibit P16 TRUE COPY OF S.O. NO.221(E) DATED 18-1-2021 Exhibit P17 TRUE COPY OF THE NOTIFICATIONS BEARING NO.S.O.1807(E), DATED 12-4-2022, ISSUED BY THE MOEF Exhibit P18 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GEOLOGIST DATED 12-9-2022 Exhibit P19 . TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT OF KERALA, BEARING NO.1257/2023/ID, DATED 14-12-2023 Exhibit P20 TRUE COPY OF THE IINTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5162/2023, DATED 22-2-2023 Exhibit P21 TRUE COPY OF THE INTERIM ORDER DATED 9-1-2024 ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.43273/2023