Sri. Suhaib K vs The Director

Kerala High Court

Sri. Suhaib K vs The Director on 23 May, 2024

WP(C) No.15607/2024                      1/6                       Order Date : 23-05-2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
              Thursday, the 23rd day of May 2024 / 2nd 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, 4TH 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 again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   22.05.2024 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                            2/6                          Order Date : 23-05-2024




                                   C.JAYACHANDRAN, J.
                  ------------------------------------
                        W.P.(C) No.15607 of 2024
                  ------------------------------------
                        Dated, this the 23rd May, 2024


                                          O R D E R

This Court passed an interim order dated 22.05.2024 in the above Writ Petition. Today, learned counsel for the petitioners would submit certain anomalies in that order. The first is a mistake which crept in towards the concluding portion of the said interim order, wherein it is directed that, license/pass shall also be issued in case the quarrying permit is renewed. The learned counsel would submit that, this is not a case where renewal of the permit is sought for;

instead, what is sought for vide Ext.P8 is transfer of the quarry lease (which was originally in the name of petitioner's father) to the petitioner, pursuant to the death of the former. WP(C) No.15607/2024 3/6 Order Date : 23-05-2024 W.P.(C) No.15607 of 2024

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Yet another anomaly pointed out by the learned counsel for the petitioner is that, Ext.P8(a) has been preferred before the 1st respondent, whereas, the same has been directed to be considered by the 2nd respondent in the interim order passed by this Court. The third aspect pointed out by the learned counsel is that, no time limit is stipulated for consideration of Ext.P8(a) application.

2. Having been convinced of the anomalies pointed out, the order dated 22.05.2024 is hereby recalled.

Instead, the following order is passed:

"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. WP(C) No.15607/2024 4/6 Order Date : 23-05-2024 W.P.(C) No.15607 of 2024

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3. Having heard the learned counsel appearing for respective parties, this Court is inclined to grant an interim order directing the 1st respondent to consider and pass orders in Ext.P8(a) application, in the light of Exts.P17 notification and P19 order, within a period of one month from today (23.05.2024). It is clarified that the said order will be subject to the availability of project life and mineable mineral resource and on condition that the petitioner holds all other statutory permits/licences/consent. If Ext. P8(a) application is allowed, necessary movement permit shall also be issued.

4. Respondents to place their counter affidavit.

Post on 24.06.2024."

WP(C) No.15607/2024 5/6 Order Date : 23-05-2024 W.P.(C) No.15607 of 2024

- 4 -

The Registry will issue a copy of the modified order to the parties.

Sd/-

C.JAYACHANDRAN JUDGE TR WP(C) No.15607/2024 6/6 Order Date : 23-05-2024 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