Kerala High Court
Mubashir V K vs The District Geologist, Mining ... on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 40512 OF 2022
PETITIONER
MUBASHIR V.K
VAYTHALAKUZHIYIL HOUSE,
CHEROOPA P.O, MAVOOR
KOZHIKODE-673661
BY ADVS.
PHILIP J VETTICKATTU
SAJITHA GEORGE
RESPONDENTS
1 THE DISTRICT GEOLOGIST
MINING AND GEOLOGY DEPARTMENT
MALAPPURAM -676121
2 THE DIRECTOR,
MINING AND GEOLOGY DIRECTORATE,
KESAVADASAPURAM, PATTOM PALACE P.O,
TRIVANDRUM -695004
3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAURAM -695001
BY SMT. DEEPA NARAYANAN SR.GP
SRI. M.P SREEKRISHNAN SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.40512 of 2022
2
JUDGMENT
Dated this the 11th day of January, 2023
The petitioner is holder of a Quarrying Permit. By
Ext.P10 issued on 19.08.2022, the petitioner was permitted to
carry out quarrying operations till 22.01.2023.
2. The petitioner states that the petitioner is normally
eligible to get a Quarrying Permit for one year. However, in
Ext.P10 Quarrying Permit, the period was limited to
22.01.2023 for the reason that the validity of Environmental
Clearance issued as per Ext.P6 was to expire on that date.
3. The Government of India has issued Ext.P11
Notification dated 18.01.2021 whereunder the period of all
existing Environmental Clearances was extended by one year.
The petitioner states that in view of Ext.P11 Notification, the
Quarrying Permit issued to the petitioner is also liable to be
extended atleast till 18.03.2023.
4. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing the
respondents.
WP(C) No.40512 of 2022
5. The petitioner has been issued with Ext.P10
Quarrying Permit on 19.08.2022 with a validity upto
22.01.2023. It is evident from Ext.P11 that the validity of
Environmental Clearances issued would stand extended by
one year as per the Notification S.O. 221(E) dated 18.01.2021
of the Ministry of Environment, Forest and Climate Change. In
view of the above, the petitioner has a right to claim that his
Quarrying Permit should also be extended in the light of the
Notification of the Government of India.
6. In view of the facts and discussions as made above, I
am of the view that if the petitioner submits an application in
this regard, the 1st respondent shall consider the application in
accordance with law in the light of Ext.P11 Notification, by
which the period of Environmental Clearance already stands
extended by one year.
The writ petition is therefore disposed of permitting the
petitioner to file an application to the 1 st respondent-Geologist
seeking extension of validity of Ext.P10 Quarrying Permit. If
the petitioner submits an application within a period of two
WP(C) No.40512 of 2022
days, the 1st respondent shall take a decision thereon as
expeditiously as possible, at any rate, on or before
21.01.2023.
Sd/-
N. NAGARESH, JUDGE
smm
WP(C) No.40512 of 2022
APPENDIX OF WP(C) 40512/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
APPROVED MINING PLAN WITH THE
ENDORSEMENT "THIS MINING PLAN IS
APPROVED" DATED 12.10.2017.
Exhibit P2 TRUE COPY OF THE QUARRYING PERMIT DATED
07.03.2018 VALID TILL 06.09.2018 ISSUED
BY THE GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, MALAPPURAM
Exhibit P3 TRUE COPY OF THE QUARRYING PERMIT DATED
16.10.2018 VALID TILL 06.03.2019 ISSUED
BY THE GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, MALAPPURAM
Exhibit P4 TRUE COPY OF THE QUARRYING PERMIT DATED
17.05.2019 VALID TILL 16.05.2020 ISSUED
BY THE GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, MALAPPURAM
Exhibit P5 TRUE COPY OF THE QUARRYING PERMIT
DATED 18.5.2020 VALID TILL 17.05.2021
ISSUED BY THE GEOLOGIST, MINING AND
GEOLOGY DEPARTMENT, MALAPPURAM
Exhibit P6 TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE ISSUED BY SEIAA WITH VALIDITY
FOR 5 YEARS, IE., FROM 23.01.2018 TO
22.01.2023
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE
CONSENT TO OPERATE ISSUED BY THE
POLLUTION CONTROL BOARD DATED
09.02.2018 VALID UPTO 31.01.2023
Exhibit P8 COPY OF THE RELEVANT PAGES OF THE
EXPLOSIVE LICENCE, DATED 13.1.2019,
WHICH IS VALID TILL 31.3.2024.
WP(C) No.40512 of 2022
Exhibit P8 COPY OF THE RELEVANT PAGES OF THE
LICENCE DATED 13.01.2019, WHICH IS
VALID TILL 31.03.2024
EXT.P9 COPY OF THE RELEVANT PAGES OF THE
LICENCE ISSUED BY THE SINGLE WINDOW
CLEARANCE, DATED 6.4.2021 WHICH IS
VALID TILL 2026
EXT.P10 COPY OF THE QUARRYING PERMIT ISSUED BY
THE GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, MALAPPURAM DATED 19.8.2022
VALID TILL 22.1.2023
EXT.P11 COPY OF THE NOTIFICATION DATED
18.01.2021
EXT.P12 COPY OF THE NOTIFICATION DATED
12.04.2022
EXT.P13 COPY OF THE FLASH MESSAGE GENERATED IN
THE WEBSITE OF SEIAA
