K.T. Haridas vs The State Enviornment Impact ...
2023 Latest Caselaw 2964 Ker

WP(C) No.8639/2023                       1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
                              WP(C) NO. 8639 OF 2023
   PETITIONER:

          K.T. HARIDAS, AGED 39 YEARS, KARUTHEDATH HOUSE, PALAPPURAM,
          OTTAPALAM, PALAKKAD, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
          SANTHOSH T., S/O. THEVARKUTTY, SREE DURGA, VADAKKUMTHARA P.O.,
          PALAKKAD , PIN - 678012.

   RESPONDENTS:

      1. THE STATE ENVIORNMENT IMPACT ASSESSEMNT AUTHORITY (SEIAA, KERALA),
         REPRESENTED BY ITS MEMBER SECRETATY,KSRTC BUS TERMINAL COMPLEX, 4TH
         FLOOR, THAMPANOOR, THIRUVANATHAPURAM, PIN - 695001.
      2. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE,TOWN BUS STAND
         COMPLEX, PALAKAD, PIN - 678001.
      3. THE SECRETARY, LAKKIDI PERUR GRAMA PANCHAYATH, LAKKIDI PERUR
         PANCHAYATH OFFICE, MANGALAM .P.O., PALAKAD, PIN - 679301.
      4. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
         ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
         JORBAGH ROAD, NEW DELHI, PIN - 110003.

        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 issue transit passes through the
   petitioner under Rule 26 of the Kerala Minerals (Prevention of illegal
   mining, Storage and Transportation) Rules, 2015 and renew Exhibit P4 by
   the 3rd respondent extending the benefit of Exhibit P12, pending disposal
   of the writ petition.
        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
   SRI. JOBI JOSE KONDODY Advocate for the petitioner and of SRI.
   P.SREEKRISHNAN Advocate for R1, the court passed the following:
 WP(C) No.8639/2023                             2/4




                        ANU SIVARAMAN, J.
                   ====================
                       WP(C). No.8639 of 2023
                   ====================
                             Dated this the 13th day of March, 2023


                                        ORDER

Admit.

2. The learned Standing Counsel takes notice for the 1st

respondent. Learned Government Pleader takes notice for the 2 nd

respondent. Learned DSGI takes notice for the 4 th respondent.

Issue notice to the 3rd respondent by speed post.

3. In the light of the interim orders passed by this Court in

several similar writ petitions, there will be an interim direction to

the 3rd respondent to pass orders on the application submitted by

the petitioner for renewal of trade license in the light of Ext.P12

Government order. There will be a further interim direction to the

2nd respondent - Geologist to issue transit pass to the petitioner

under Rule 26 of the Kerala Minerals (Prevention of illegal Mining,

Storage and Transportation Rules, 2015) extending the benefit of

the notification under S.O.No.1807(E) dated 12.04.2022 of the

Ministry of Environment, Forest and Climate Change, pending WP(C) No.8639/2023 3/4

WP(C).No.8639 Of 2023

.. 2 ..

disposal of the writ petition. Needless to say, this will be subject

to the availability of project life and mineable mineral reserves

and on condition that the petitioner holds all other statutory

permits/licences/consent and subject to further orders in the

writ petition.

Post along with the connected cases.

sd/-

                                                   ANU SIVARAMAN,
                                                       JUDGE
         ded/13.03.2023
 WP(C) No.8639/2023                 4/4

                      APPENDIX OF WP(C) 8639/2023
Exhibit P1           A TRUE COPY OF THE FROM LE3 LICENCE ISSUED BY THE JOINT

CHIEF CONTROLLER OF EXPLOSIVES,SOUTH CIRCLE CHENNAI ON 06.01.2005 TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-

RENEWAL ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD ON 07.04.2018 VALID UP TO 31.05.2022 Exhibit P3 A TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD ON 29.03.2022 Exhibit P4 A TRUE COPY OF THE TRADE LICENCE RENEWED AND ISSUED ON 11.04.2022 VALID UP TO 04.03.2023 RENEWED AND EXTENDED UP TO 31.03.2023 Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF MINING PLAN PREPARED BY THE RECOGNIZED QUALIFIED PERSON APPROVED BY THE 2ND RESPONDENT ON 01.12.2017 Exhibit P6 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.03.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALAKKAD FOR THE QUARRY OF THE PETITIONER Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 30.11.2021 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP(C)NO.26054/2020 Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 05.08.2022 PASSED BY THE LEARNED SINGLE JUDGE IN CON.CASE (C) NO.1049/2022 Exhibit P9 A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR ,MINING AND GEOLOGY,THIRUVANATHAPURAM DATED 11.08.2022 Exhibit P10 A TRUE COPY OF THE JUDGEMENT DATED 17.08.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN CON.CASE (C) NO.1049/2022 Exhibit P11 A TRUE COPY OF THE QUARRYING LEASE DATED 29.08.2022 EXECUTED AND THE STATE GOVERNMENT Exhibit P12 A TRUE COPY OF THE AMENDMENT DATED 12.04.2022 ISSUED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE PUBLISHED IN THE GAZETTE OF INDIA 12.04.2022 Exhibit P13 A TRUE COPY OF THE APPLICATION DATED 09.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR RENEWING EXHIBIT P4 TRADE LICENSE FOR THE FINANCIAL YEARS 2023-2028 Exhibit P14 A TRUE COPY OF THE ORDER DATED 14.02.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. (C) NO.4900/2023