Kerala High Court
M/S. B.T.L Rocks & Minerals vs The Geologist on 1 July, 2024
WP(C) No.5563/2024 1/6 Order Date : 01-07-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 1st day of July 2024 / 10th Ashadha, 1946
WP(C) NO. 5563 OF 2024
PETITIONER:
M/S.B.T.L ROCKS & MINERALS T.C-XVI/366 GROUND FLOOR, CHRIST BHAVAN,
MUTHUVALOORKONAM, VEDIVECHANCOIL P.O THIRUVANANTHAPURAM, REPRESENTED
BY ITS PARTNER SHRI.ANJI SATHYAN, PIN-695501.
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
THIRUVANANTHAPURAM, PIN- 695004.
2. THE DIRECTOR OF MINING AND GEOLOGY. PATTOM PALACE P O, TRIVANDRU,
PIN - 695004.
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
4. PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION (PESO), KENDRIYA VIDHYA
BHAVAN, BLOCK C-2, CZES P.O, KAKKANAD, ERNAKULUM, REPRESENTED BY ITS
DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PIN - 682037.
5. KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, PATTOM,
THIRUVANTHAPURAM REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN -
695001.
6. THE SECRETARY, KATTAKADA GRAMA PANCHAYATH, KATTAKADA,
THIRUVANTHAPURAM, PIN - 695571.
7. KATTAKADA GRAMA PANCHAYATH, KATTAKADA, THIRUVANTHAPURAM - 695571
REPRESENTED BY ITS SECRETARY, PIN - 695571.
8. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695001.
9. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTOR, PIN -
110993.
10. UNION OF INDIA, MINISTRY OF MINES, 3RD FLOOR, A WING, SHASTRI
BHAVAN, NEW DELHI, REPRESENTED BY ITS SECRETARY., 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:- 1) Direct the 4 th respondent to renew explosive license for
the applied period, provisionally, by extending the benefit of Ext.P12,
forthwith; 2) Direct the 6th respondent to renew license for the applied
period, provisionally by extending the benefit of ext.p12; forthwith; 3)
Direct the 5 th respondent to consider Ext.P11 application and issued with
renewed consent to the petitioner for the period applied for,
provisionally, by extending the benefit of S.O.1807(E), dated 12-4-2022
(Ext.P12), forthwith; 4) Direct the 1 st respondent to issue movement
permits, under rule 25 and transit passes under Rule 26 of the kerala
WP(C) No.5563/2024 2/6 Order Date : 01-07-2024
minerals (Prevention of Illegal Mining, Storage and Transportation) Rules,
2015, for the approved quantities, by extending the benefit of Ext. P12,
forthwith, pending disposal of the writ petition.
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
16/02/2024 and upon hearing the arguments of M/S.PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC Advocates for the petitioner and of
SRI.S.KRISHNA, Advocate for R4, R9 & R10, the court passed the following:
WP(C) No.5563/2024 3/6 Order Date : 01-07-2024
C. JAYACHANDRAN, J.
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[WP(C) Nos.22785/2023, 1483/2023, 5618/2023, 5877/2023,
14264/2022, 14635/2022, 17295/2022, 16933/2023, 18280/2022,
18517/2022, 18661/2022, 19043/2022, 19160/2022, 19551/2022,
20454/2023, 20597/2023, 20610/2023, 20763/2023, 22497/2022,
21543/2023, 23687/2022, 22689/2023, 24175/2022, 23092/2023,
23150/2023, 23309/2023, 23685/2023, 24292/2023, 24415/2023,
24651/2023, 25721/2022, 25905/2022, 26121/2022, 25208/2023,
25940/2023, 26430/2023, 26690/2023, 28092/2022, 27182/2023,
27864/2023, 28218/2023, 28223/2023, 28683/2023, 30679/2022,
30948/2022, 30952/2022, 30954/2022, 31651/2022, 31717/2022,
31513/2023, 34489/2022, 33243/2023, 3352/2024, 34423/2023,
3758/2024, 4640/2024, 4656/2024, 4878/2024, 5091/2024,
5198/2024, 5563/2024, 35764/2023, 35978/2023, 5714/2024,
6220/2024, 7080/2024, 7516/2024, 7763/2024, 7913/2024,
8289/2024, 8746/2024, 9594/2024, 9771/2024, 10493/2024,
41698/2022, 41139/2023, 11873/2024, 12496/2024, 12765/2024,
12957/2024, 13737/2024, 15702/2024, 21091/2024, 22734/2024]
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Dated this the 01st day of July, 2024
ORDER
Despite the matter being posted for hearing specifically,
learned Deputy Solicitor General of India in-charge would
submit that he is only in receipt of instructions and seeks
time to place on record a statement. Learned counsel
appearing for the petitioners would also submit that they
WP(C) No.5563/2024 4/6 Order Date : 01-07-2024
WPC No.22785 of 2023 & conn. cases
need a weeks' time from the date of filing the statement
to file a reply. Learned Deputy Solicitor General of India
will ensure that the statement is filed within a period of
one week from today.
Post on 08.07.2024.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/01-07
WP(C) No.5563/2024 5/6 Order Date : 01-07-2024
APPENDIX OF WP(C) 5563/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
EXECUTED BY THE 1 ST RESPONDENT, IN FAVOR OF THE
PETITIONER, DATED 18/07/2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY DEIAA, BEARING NO.
DIA/KL/MIN/7575/2017 DATED 21/03/2018 FOR A PERIOD OF 5
YEARS
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN WITH
THE ENDORSEMENT "APPROVED" ON 12/07/2017 AND SHOWING
THE MINEABLE RESERVES
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 34 TH
MEETING OF THE 8 TH RESPONDENT DATED 31/10/2014
Exhibit P5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO. 18966/2021 DATED 15/09/2021
Exhibit P6 TRUE COPY OF S.O.221(E), DATED 18.01.2021,
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, VALID FROM 21/3/2023 TO 31/03/2024, ISSUED BY
THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P7(a) TRUE COPY OF THE APPLICATION DATED 05/02/2024,
SUBMITTED BY THE PETITIONER,
Exhibit P8 TRUE COPY OF THE LICENSE NO.1/2022-2023/A-4/1978/22,
ISSUED BY THE 6 TH RESPONDENT, DATED 01/04/2022 FOR A
PERIOD UPTO 31/03/2023,
Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 6 TH
RESPONDENT, SANS THE ACKNOWLEDGMENT RECEIPT DATED
30/01/2024,
Exhibit P10 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER, BEARING NO. KSPCB/TV/ICO/10012374/VAR/2022
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD,
DATED 27/11/2022 VALID UPTO 28/02/2024,
Exhibit P11 TRUE COPY OF THE RELEVANT PAGE OF THE ONLINE
APPLICATION SUBMITTED BEFORE THE 5 TH RESPONDENT, FOR
RENEWAL OF CONSENT, DATED NIL,
Exhibit 11(a) TRUE COPY OF THE ONLINE APPLICATION RECEIPT SANS
PAYMENT RECEIPT ISSUED BY THE 5 TH RESPONDENT DATED
07/02/2024
Exhibit P12 TRUE COPY OF S.O.1807(E), DATED 12-4-2022
Exhibit P13 TRUE COPY OF THE SCHEME OF MINING WITH ENDORSEMENT
"APPROVED" BY THE 1 ST RESPONDENT ON 20/09/2022 AND
SHOWING THE MINEABLE RESOURCE
Exhibit P13(a) TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.NO.35855/2022 AND W.P.NO.35871/2022 DATED
20-12-2022
Exhibit P13( b) TRUE COPY OF THE G.O NO. 1257/2023/1D DATED 14/12/2023,
Exhibit P13(c) TRUE COPY OF THE CIRCULAR ISSUED BY THE KERALA
POLLUTION CONTROL BOARD DATED 05/02/2024
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION TAKEN
BY THE 8 TH RESPONDENT, AS ITEM NO.127.37 IN ITS 127 TH
MEETING HELD ON 30 TH AND 31 ST MAY, 2023
Exhibit P15 TRUE COPY OF THE O.M., WHICH IS REFERRED TO IN EXT.P14
MINUTES DATED 28-4- 2023,
WP(C) No.5563/2024 6/6 Order Date : 01-07-2024
Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022,
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P. NO.14635/2022, DATED 08/06/2022,
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35896/2023 DATED 13/11/2023
Exhibit P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.3758/2024 DATED 01/02/2024
