M/S. Aranhikkal Granite Unit vs Director
2023 Latest Caselaw 600 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                      WP(C) NO. 39998 OF 2022
PETITIONER

             M/S. ARANHIKKAL GRANITE UNIT
             PATHAPPIRIYAM P.O,
             MALAPPURAM DISTRICT
             REPRESENTED BY ITS MANAGING PARTNER JAMAL MOHAMMED A.
             AGED 59 YEARS, S/O. MAMMED, ARANHIKKAL HOUSE,
             PATHAPPIRIYAM P.O, EDAVANNA VILLAGE,
             MALAPPURAM
             PIN - 676123

             BY ADVS.
             S.K.SAJU
             S.SREEKUMAR (SR.)(S-571)

RESPONDENTS

    1        DIRECTOR
             MINING AND GEOLOGY,
             KESAVADASAPURAM, PATTOM P.O,
             THIRUVANANTHAPURAM
             PIN - 695004

    2        THE GEOLOGIST
             DISTRICT OFFICE,
             MINING AND GEOLOGY DEPARTMENT,
             MINI CIVIL STATION, MANJERI
             PIN - 676121

             SMT.DEEPA NARAYANAN   SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.39998 of 2022
                                 2



                         JUDGMENT

Dated this the 12th day of January, 2023

The petitioner is a Partnership Firm and is represented

by its Managing Partner, who has a mining lease for an extent

of 7.2505 Hectares of land in Re-Survey No.217/2 of

Perakamanna Village, Malappuram District. The petitioner has

got all other statutory Licences, Permits and Certificates to run

the unit. The Environmental Clearance (EC) issued to the

petitioner is valid for a period of five years from 05.12.2014 to

04.12.2019. Ext.P5 Environmental Clearance expired on

04.12.2019. It is evident from Ext.P5 that the life of the mine

proposal is 28 years. This Court as per a common judgment

dated 02.11.2020 in W.P(C) No.17533 of 2020 and connected

cases has declared that the decision of the 1 st respondent to

limit the validity of Environmental Clearances to be granted

for mining projects to 5 years is against the terms and spirit of

the Environment Impact Assessment Notification, 2006 and

consequently, ultra vires the said Notification. Thereafter, this

Court directed the 1st respondent in many cases to revalidate WP(C) No.39998 of 2022

the Environmental Clearance by assessing the life of mine,

contends the petitioner.

2. The petitioner had also approached this Court filing

W.P(C) No.28890 of 2020 for revalidation of Environmental

Clearance. In the meanwhile, the respondents issued Ext.P10

notice for which the petitioner submitted Ext.P11 reply. Even

after lapse of two years, the respondents have not taken any

steps to finalize the proceedings by ascertaining the alleged

excess quarrying. The 2nd respondent is not complying with

Ext.P9 interim order saying that proceedings in respect of

excess quarrying has to be finalized. The petitioner submitted

Ext.P12 application praying for expediting the quantification of

the alleged excess quarrying by scientific method. The

petitioner-establishment is not running since 05.12.2019.

Delay in considering Exts.P11 and P12 applications have

resulted in irreparable loss and hardship, contends the

petitioner.

3. The petitioner states that the delay in finalising

Ext.P10 proceedings by assessing the alleged excavation WP(C) No.39998 of 2022

made by the petitioner is causing undue hardship to the

petitioner. This Court as per interim order dated 22.09.2022 in

W.P(C) No.29759 of 2022 had directed the respondents to

issue Transit Passes to the petitioner under Rule 26 of the

Kerala Minerals (Prevention of Illegal Mining, Storage and

Transportation) Rules, 2015, extending the benefit of the

Central Government Notification dated 12.04.2022. However,

due to the pendency of Ext.P10 proceedings, the Geologist is

not issuing Transit Passes to the petitioner.

4. The Senior Government Pleader entered appearance

and resisted the writ petition. The Government Pleader

submitted that the petitioner has resorted to excess

excavation. Now, the quantum of excess excavation so made

will have to be quantified. The area involved in the case is

huge. Therefore, it will take six months to complete the

process of assessment pursuant to Ext.P10 proceedings.

5. I have heard the leanred counsel for the petitioner

and the learned Senior Government Pleader representing the

respondents.

WP(C) No.39998 of 2022

6. The fact remains that the petitioner is holding all other

Licences and Permits for running a quarry. It is the specific

case of the petitioner that the quantum of excavation made

was noted as 20,66,405 metric tonnes, which was the

quantum mentioned in the Mining Plan. Actual excavation

carried out by the petitioner is much less. I find that the

allegations or denial thereof can be ascertained and

concluded only after a proper inspection and quantification of

the quarry pursuant to Ext.P10.

7. In view of the fact that the petitioner has been running

the business for long, it is highly necessary that the

respondents conclude Ext.P10 proceedings within a

reasonable time.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent-Geologist to conclude the

proceedings initiated as per Ext.P10 as expeditiously as

possible, at any rate, within a period of four months. If a

scientific study is to be done through outside agency, the

petitioner submits that the petitioner is willing to pay the WP(C) No.39998 of 2022

expenses for the same. The respondents may consider the

said aspect also.

Sd/-

N. NAGARESH, JUDGE smm WP(C) No.39998 of 2022

APPENDIX OF WP(C) 39998/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LEASE DEED DATED 27.06.2018 Exhibit P2 TRUE COPY OF THE PANCHAYATH LICENCE DATED 21.11.2018 WHICH IS VALID UP TO 31.03.2023 Exhibit P3 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 01.02.2018 VALID UPTO 08.02.2023 Exhibit P4 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 24.01.2020 VALID UPTO 31.03.2025 ISSUED BY THE PETROLEUM AND EXPLOSIONS SAFETY ORGANISATIONS (PESO) Exhibit P5 A TRUE COPY OF THE RELEVANT PORTION OF THE MINING PLAN DATED 10.03.2018 Exhibit P6 A TRUE COPY OF THE EC DATED 05.12.2014 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 19.01.2021 IN WP(C) NO. 28890/2020 Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12.04.2022 ISSUED BY THE MINISTRY OF ENVIRONMENTAL FOREST AND CLIMATE CHANGE Exhibit P9 A TRUE COPY OF THE INTERIM ORDER IN WP (C) NO. 29759/2022 DATED 22.09.2022 Exhibit P10 A TRUE COPY OF THE NOTICE DATED 18.05.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P11 A TRUE COPY OF THE REPLY DATED 03.09.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ITS TYPED COPY Exhibit P12 TRUE COPY OF THE LETTER DATED 02.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH TYPED COPY