Kerala High Court
M/S. Nalakath Granites vs The Geologist on 1 July, 2024
WP(C) No.8289/2024 1/4 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. 8289 OF 2024
PETITIONER:
M/S.NALAKATH GRANITES VALAMBOOR P.O, PATTIKKAD (VIA),
PERINTHALMANNA, MALAPURAM, REPRESENTED BY ITS MANAGING PARTNER SRI.
N. ABDUL RASHEED, PIN - 679322.
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, OFFICE OF MINING & GEOLOGY, MINI
CIVIL STATION, MANJERI, MALAPPURAM DISTRICT,, PIN - 676121.
2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P O, TRIVANDRUM, PIN - 695004.
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN- 695001.
5. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR., PIN -
110993.
6. 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 direct the 1st respondent to issue movement permit under rule
25 and transit passes under 26, of the Kerala Minerals (Prevention of
Illegal Mning, Storage and Transportation) Rules, 2015, for the approved
quantity for the period 2024-2025 and beyond, by extending the benefit of
S.O 1807 (E), dated 12/04/2022, pending disposal of the above writ
petition, forthwith.
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
04/03/2024 and upon hearing the arguments of M/S.PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner, the court
passed the following:
WP(C) No.8289/2024 2/4 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.8289/2024 3/4 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.8289/2024 4/4 Order Date : 01-07-2024
APPENDIX OF WP(C) 8289/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN PETITIONER AND THE SENIOR GEOLOGIST,
DATED 30/08/2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE BEARING NO. 1161/EC/SEIAA/KL/2017 DATED
17/03/2018 ISSUED BY THE 4 TH RESPONDENT
Exhibit P3 TRUE COPY OF THE MINING PLAN, WITH THE ENDORSEMENT "
APPROVED" DATED 21/10/2017, BY THE 1 ST RESPONDENT,
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 34 TH
MEETING OF THE 4 TH RESPONDENT DATED 31/10/2014
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/1577(E61449), DATED
22/01/2021 WHICH IS VALID UPTO 31/03/2026, ISSUED BY
THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 19/01/2023, VALID UPTO 31/05/2024, BEARING
FILE NO. KSPCB / MA/ ICO/ 10017183/ VAR/ 2023,
Exhibit P7 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY,
ANGADIPURAM GRAMA PANCHAYAT, DATED 30/03/2023, BEARING
NO 400889/ RPTL20 / GPO/ 2023 / 2016,
Exhibit P8 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
MAL/QL/2018/29/MP- 58/2023/77521` DATED 10/06/2023 FOR
A PERIOD UPTO 08/08/2023
Exhibit P9 TRUE COPY OF S.O.221(E), DATED 18.01.2021,
Exhibit P10 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 22/03/2023 IN
Exhibit P12 TRUE COPY OF THE RECEIPT ISSUED BY THE PANCHAYAT DATED
29/03/2023 SHOWING THE REMITTANCE OF RS. 12500/-
Exhibit P13 TRUE COPY OF THE SCHEME OF MINING PLAN, WITH THE
ENDORSEMENT "APPROVED" ON 22/02/2024 AND SHOWING THE
MINEABLE RESERVES,
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.35855/2022 AND W.P.(C) NO.35871/2022,
DATED 20-12-2022
Exhibit P15 TRUE COPY OF THE G.O NO. 1257/2023/1D DATED 14/12/2023,
Exhibit P16 TRUE COPY OF THE CIRCULAR ISSUED BY THE POLLUTION
CONTROL BOARD DATED 05/02/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.14635/2022, DATED 08/06/2022,
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C) NO.
479/2024 DATED 08/01/2024
