Kerala High Court
Muhammed Rafeek. K.A vs The District Geologist on 1 July, 2024
WP(C) No.20610/2023 1/5 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. 20610 OF 2023
PETITIONER:
MUHAMMED RAFEEK. K.A., AGED 38 YEARS, S/O K.S. ABDUL KAREEM,
RESIDING AT KAIPALATHIL HOUSE, SOUTH CHALACKAL, MARAMPALLY, ALUVA,
KERALA, PIN-683105
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002
2. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN-695004
3. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU,
KANNANMOOLA ROAD FROM OVERBRIDGE VELAKKUDY, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN-695024
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 allow the petitioner to continue quarrying activity, in respect
of Exhibit P3 quarry for permissible period as per Exhibit P-3
irrespective of expiry of the period fixed as per Exhibit P1, in the light
of Exhibit P8 during the pendency of the above Writ Petition (Civil).
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
16.11.2023 and upon hearing the arguments of M/S. ALEX.M.SCARIA,
A.J.RIYAS, KRISHNA DAS, SARITHA THOMAS, ALEN J. CHERUVIL, SAHL ABDUL KADER
& DEVIKA WARRIER, Advocates for the petitioner, the court passed the
following:
WP(C) No.20610/2023 2/5 Order Date : 01-07-2024
C. JAYACHANDRAN, J.
------------------------------------------------------------------------------
[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]
------------------------------------------------------------------------------
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.20610/2023 3/5 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.20610/2023 4/5 Order Date : 01-07-2024
APPENDIX OF WP(C) 20610/2023
Exhibit P1 TUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE BEARING NO. 15/KNR/2016/DEIAA DATED
01/07/2017.
Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.
E/SE/KL/22/68(E89999) DATED 28/02/2020.
Exhibit P3 TRUE COPY OF THE MINING LEASE DATED 22/01/2018 ISSUED
TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD CONSENT NO.
PCB/KNR/ICO-R1/660/2020 DATED 23/07/2020
Exhibit P5 TRUE COPY OF THE TRADE LICENCE, BEARING NO.
JC1-1250/23/2023-24/22 DATED 11/04/2023, ISSUED BY
CHAPPARAPPADAVU GRAMA PANCHAYATH
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING
PLAN DATED 15/03/2017.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 IN MATHEW
ABRAHAM V. STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY (REPORTED IN 2020 (6) KLT 302).
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 BEARING
NO. S.O. 1807(E) ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST & CLIMATE CHANGE.
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING
NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST & CLIMATE CHANGE.
Exhibit P10 TRUE COPY OF THE ORDER DATED 17/11/2022 IN W.P.(C) NO.
36704/2022 OF THIS HON'BLE COURT.
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE MINING SCHEME
APPROVED ON 31/05/2023.
Exhibit P12 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022
BEARING F.NO. 1A3-22/28/2022-1A.III[E181584], ISSUED BY
THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.
Exhibit P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28/04/2023
ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND
CLIMATE CHANGE.
Exhibit P14 TRUE COPY OF THE EIA NOTIFICATION BEARING NO. S.O.
141(E) DATED 15/01/2016 ISSUED BY THE MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE.
Exhibit P15 TRUE COPY OF THE COMMON ORDER DATED 13/09/2018 IN O.A.
NO. 186/2016 ON THE FILES OF THE NGT, PRINCIPAL BENCH.
Exhibit P16 TRUE COPY OF THE R.P. NO. 47/2018 IN O.A. NO. 200/2016
AND O.A. NO. 405/2016 ON THE FILES OF THE NGT PRINCIPAL
BENCH, NEW DELHI.
Exhibit P17 TRUE COPY OF THE ORDER DATED 11/12/2018 IN E.A. NO.
55/2018 IN O.A. NO. 520/2016 BY THE NGT, PRINCIPAL
BENCH, NEW DELHI.
Exhibit P18 TRUE COPY OF THE ORDER DATED 19/05/2020 IN THE CIVIL
APPEAL DIARY NO. 6611/2020 OF THE HON'BLE SUPREME COURT
OF INDIA.
Exhibit P19 TRUE COPY OF OFFICE MEMORANDUM DATED 12/12/2018 ISSUED
BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE
CHANGE.
WP(C) No.20610/2023 5/5 Order Date : 01-07-2024
Exhibit P20 TRUE COPY OF THE COUNTER AFFIDAVIT (WITHOUT EXHIBITS)
DATED 31/03/2023 FILED BY MOEF& CC IN O.A. NO. 142/2022
BEFORE THE NGT, PRINCIPAL BENCH, NEW DELHI.
