Mr. Abilash N vs The Geologist
2023 Latest Caselaw 4764 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                      WP(C) NO. 13343 OF 2023
PETITIONER:
          MR. ABILASH N.
          AGED 43 YEARS
          NAYAKATHPARAMBIL HOUSE, NJANGATTIRI P.O., PALAKKAD,
          PIN - 679303
          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE
          NEENU BERNATH
RESPONDENTS:
    1     THE GEOLOGIST,
          DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
          PALAKKAD, PIN - 678001
    2     THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE,
          KESAVADASAPURAM, PATTOM PALACE P O, TRIVANDRUM, PIN
          - 695004
    3     THE SECRETARY,
          VELLINEZHI GRAMA PANCHAYAT, VELLINEZHI P.O.,
          PALAKKAD., PIN - 679504
    4     STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
          (SEIAA KERALA),
          REPRESENTED BY ITS MEMBER SECRETARY, 4THFLOOR,
          KSRTC BUS TERMINAL COMPLEX, THIRUVANTHAPURAM - 695
          001., PIN - 695001
    5     UNION OF INDIA,
          MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
          INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI,
          REPRESENTED BY ITS DIRECTOR., PIN - 110993
          BY SRI.APPU.P.S-GP
          BY SRI.M.P.SREEKRISHNAN, SC.


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    13.04.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.13343 Of 2023

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                         ANU SIVARAMAN, J.

         ====================
             WP(C). No.13343 of 2023
         ====================

                Dated this the 13th day of April, 2023

                                 JUDGMENT

This writ petition is filed seeking the

following reliefs:

"1. Issue a Declaration declaring that the Environmental Clearance of the petitioner stand valid for one more year, by virtue of amendment notified vide S.0.221(E), dated 18-1-2021, by operation of law;

2. Issue a Declaration declaring that the Petitioner is entitled to get the movement permits and transit passes, beyond 7-5- 2023, for the entire permitted quantities approved in the Mining Plan;

3. Issue a writ of Mandamus or any other appropriate writ, direction or order directing the 3rd Respondent, to extent the validity of license for the period applied for, by extending the benefit of S.0.221(E) dated 18/01/2021;

4. Issue a writ of Mandamus or any other WP(C) No.13343 Of 2023

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appropriate writ, direction or order directing the Respondent 1 and 2, to issue Movement Permits, under Rule 25 and transit passes under Rule 26 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, for the permitted quantities, beyond 7-5-2023, by extending the benefit of S.0.221(E) dated 18/01/2021."

2. Heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing

for the respondents.

3. The petitioner has been issued with Ext.P1

Environmental Clearance having validity of five years.

Relying on Ext.P4 notification, the learned counsel for

the petitioner submits that the period from 01.04.2020

to 31.03.2021 is not liable to be considered for the

purpose of calculation of the period of validity of

Environmental Clearance Certificate and the petitioner

therefore is having deemed extension of the

Environmental Clearance for the corresponding period.

4. The petitioner relies on Exhibit P12 judgment WP(C) No.13343 Of 2023

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rendered by this Court considering identical facts.

Taking into consideration Exts. P1, P4 and P12

judgment, this writ petition is disposed of declaring that

the petitioner is entitled to get extension of

Environmental Clearance in terms of Ext.P4 notification

and directing the 3rd respondent to allow the petitioner

to enjoy the benefit of Ext.P4. There will be a further

direction to the respondents 1and 2 to issue movement

permit/transit pass to the petitioner, subject to

availability of mineral reserves and possession of all

necessary consents and licenses by the petitioner.

Sd/-

ANU SIVARAMAN JUDGE SSK/13/04 WP(C) No.13343 Of 2023

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APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE DATED 8/05/2018 FOR A PERIOD OF 5 YEARS, GRANTED WITH RESPECT TO THE CONCESSION AREA, BEARING NO.DIA/KL/PL/07/2018 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE, BEARING NO.E/SC/KL/22/1400 (E66429), ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, WHICH IS VALID FROM 31-01- 2023 TO 31/03/2028, Exhibit P3 TRUE COPY OF THE CONSENT VARIATION ORDER, ISSUED BY THE POLLUTION CONTROL BOARD, DATED 28-3-2023 WITH VALIDITY UPTO 8-5-2024, Exhibit P4 TRUE COPY OF S.O. BEARING NO.221(E) DATED 18-1-2021 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF APPROVED MINING PLAN DATED NIL Exhibit P6 TRUE COPY OF THE LETTER OF INTENT DATED 1-02-23 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF E-PAYMENT TRANSACTION SLIP SHOWING THE REMITTANCE OF ROYALTY FOR THE ENTIRE PERMITTED QUANTITY DATED 31- 3-2023 Exhibit P7(a) TRUE COPY OF THE MOVEMENT PERMIT BEARING NO. PAL/QP/2023/72637/MP- 1/2023/73142, DATED 15/02/2023, FOR A PERIOD UPTO 31/03/2023, Exhibit P8 TRUE COPY OF THE FLASH MESSAGE GENERATED IN THE OFFICIAL WEB SITE OF THE 4 TH RESPONDENT Exhibit P9 TRUE COPY OF THE LICENSE ISSUED BY THE VELLINEZHI GRAMA PANCHAYAT, BEARING NO.A3-A3-1768/23/2023-24-1, DT.1-4- 2023, VALID UPTO 8-5-2023 WP(C) No.13343 Of 2023

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Exhibit P10 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR A PERIOD OF ONE YEAR, SANS THE DOCUMENTS DATED 20-3-

Exhibit P11 TRUE COPY OF THE SCREENSHOT DOWNLOADED FROM THE WEB SITE OF MINING & GEOLOGY DEPARTMENT I.E. KOMPAS SHOWING THE VALIDITY OF EC AS 7-5-2023 Exhibit P12 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.3511/2023 DATED 20-2- 2023 RESPONDENTS' EXHIBITS: NIL