Kerala High Court
Sri.A.Mohammed Basheer vs District Geologist on 22 May, 2024
WP(C) No.18399/2024 1/3 Order Date : 22-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
WP(C) NO. 18399 OF 2024
PETITIONER:
SRI.A.MOHAMMED BASHEER,S/O.ABDUL RAZAK, MYLACKAL, THEMPAKALA HOUSE,
VENJARAMOODU P.O., TRIVANDRUM, PIN - 695607.
RESPONDENTS:
1. DISTRICT GEOLOGIST MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE,
THIRUVANANTHAPURAM, PATTOM P.O, PIN - 695004.
2. DIRECTOR OF MINING & GEOLOGY MINING & GEOLOGY, DIRECTORATE, PATTOM
PALACE P.O., TRIVANDRUM, PIN - 695004.
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4. POLLUTION CONTROL BOARD, REPRESENTED BY THE ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, THIRUVANANTHAPURAM., PIN - 695001.
5. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001.
6. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARANBHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS
DIRECTOR, PIN - 110993
7. 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 stay Ext.P11, till the disposal of the above writ petition; 2)
direct respondents 1 and 2 to permit the petitioner to access kompas,
forthwith, pending disposal of the above Writ Petition. 3) direct the 4th
respondent to renew the consent to operate for the period applied for,
forthwith, without insisting for reappraisal of environmental clearance as
a condition precedent. 4) stay the operation and effect of Ext.P12, till
the disposal of the above 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
M/S.PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC Advocates for
the petitioner, the court passed the following:
WP(C) No.18399/2024 2/3 Order Date : 22-05-2024
C. JAYACHANDRAN, J.
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W.P.(C.) No.18399 of 2024
-------------------------------------
Dated this the 22nd day of May, 2024
ORDER
Learned Government Pleader takes notice for
respondents 1 to 3. Learned Standing Counsel takes notice
for respondents 4 and 5. Learned Deputy Solicitor General
of India takes notice for respondents 6 and 7.
Having heard the learned counsel for the petitioner, as
also, learned Government Pleader on behalf of respondents
1 to 3 and learned Standing Counsel for respondents 4 and
5, this Court is inclined to grant stay of Ext.P11
communication pending disposal of this Writ Petition. It is so
done.
Post on 24.06.2024.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/22-05
WP(C) No.18399/2024 3/3 Order Date : 22-05-2024
APPENDIX OF WP(C) 18399/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
DATED 23-1-2019 EXECUTED BETWEEN THE PETITIONER AND THE
COMPETENT AUTHORITY IN TERMS OF ARTICLE 299 OF
CONSTITUTION OF INDIA
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY THE
DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
DATED 16-11-2018 FOR A PERIOD OF 5 YEARS BEGINS FROM
THE DATE OF GRANT,
Exhibit P3 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE
POLLUTION CONTROL BOARD
NO.KSPCB/TV/ICO/10021755/VAR/2023, DATED 29-5-2023,
VALID UPTO 31-5-2024
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 9-3-2023, WHICH IS VALID UPTO 31-3-2028
GRANTED TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE LICENSE RENEWED BY THE LOCAL AUTHORITY
TILL 31-5-2024
Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT DATED 30-4-2024 VALID
UPTO 31-5-2024 ISSUED BY THE DISTRICT GEOLOGIST
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION FOR
RENEWAL OF CONSENT TO OPERATE DATED NIL
Exhibit P8 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF FEE ON
12-2-2024
Exhibit P9 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF LICENSE
FEE DATED 1-4-2024
Exhibit 10 TRUE COPY OF THE INTERIM ORDER GRANTED BY THIS HON'BLE
COURT IN W.P.(C) NO.32110/2023, DATED 30-9-2023
Exhibit P11 TRUE COPY OF THE EMAIL RECEIVED FROM THE OFFICIAL
PORTAL OF THE 1 ST RESPONDENT VIZ. KOMPAS
DATED10-5-2024
Exhibit P12 TRUE COPY OF THE O.M. DATED 7-5-2024 ISSUED BY THE
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4-
Exhibit P14 TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH
OF THIS HON'BLE COURT IN WA.NO.398/2018 DATED 28-2-2018
Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE NGT IN SATENDRA
PANDEY V. MOEF AND OTHER CONNECTED CASES DATED
13-9-2018
Exhibit P17 TRUE COPY OF O.M. DATED 12-12-2018 ISSUED BY THE
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE
Exhibit P18 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P18(a) TRUE COPY OF THE INTERIM ORDER DATED 24-8-2023 PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO.24415/2023
Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN
W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED
13-11-2023
Exhibit P20 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P21 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
