Kerala High Court
Sri. Suhaib K vs The Director on 23 May, 2024
WP(C) No.15607/2024 1/6 Order Date : 23-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
WP(C) NO. 15607 OF 2024
PETITIONER:
SRI. SUHAIB K., AGED 35 YEARS, S/O.LATE K.MUHAMMED, KALODI HOUSE,
KALLARMANGALAM, MALAPPURAM, PIN-676553
RESPONDENTS:
1. THE DIRECTOR, MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P O, TRIVANDRUM, PIN-695004
2. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT
OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM, PIN-676121
3. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, 4TH FLOOR, KSRTC BUS
TERMINAL COMPLEX, TRIVANDRUM REPRESENTED BY ITS MEMBER SECRETARY,
PIN-695001
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIATE, TRIVANDRUM, PIN-695001
5. MINISTRY OF ENVIRONMENT & FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD,NEW DELHI,REPRESENTED BY ITS DIRECTOR,
PIN-110993
6. UNION OF INDIA, MINISTRY OF MINES, REPRESENTED BY ITS SECRETARY, 3
RD FLOOR, A WING SHASTRI BHAVAN, NEW DELHI., 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 2nd respondent to finalize and dispose of the Ext
P8(a) application submitted by the petitioner for transfer of quarrying
lease, and issue movement permits by considering Exts.P10 to P13 and by
extending the benefit of S.O.1807(E), dated 12-4-2022, 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
22.05.2024 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.15607/2024 2/6 Order Date : 23-05-2024
C.JAYACHANDRAN, J.
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W.P.(C) No.15607 of 2024
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Dated, this the 23rd May, 2024
O R D E R
This Court passed an interim order dated
22.05.2024 in the above Writ Petition. Today,
learned counsel for the petitioners would submit
certain anomalies in that order. The first is a
mistake which crept in towards the concluding
portion of the said interim order, wherein it is
directed that, license/pass shall also be issued
in case the quarrying permit is renewed. The
learned counsel would submit that, this is not a
case where renewal of the permit is sought for;
instead, what is sought for vide Ext.P8 is
transfer of the quarry lease (which was originally
in the name of petitioner's father) to the
petitioner, pursuant to the death of the former.
WP(C) No.15607/2024 3/6 Order Date : 23-05-2024
- 2 -
Yet another anomaly pointed out by the learned
counsel for the petitioner is that, Ext.P8(a) has
been preferred before the 1st respondent, whereas,
the same has been directed to be considered by the
2nd respondent in the interim order passed by this
Court. The third aspect pointed out by the learned
counsel is that, no time limit is stipulated for
consideration of Ext.P8(a) application.
2. Having been convinced of the anomalies pointed
out, the order dated 22.05.2024 is hereby recalled.
Instead, the following order is passed:
"Admit.
2. Learned Government Pleader takes notice
for respondents 1, 2 and 4.
Adv.M.P.Sreekrishnan, learned Standing
Counsel takes notice for the 3rd respondent.
Learned Deputy Solicitor General of India
takes notice for respondents 5 and 6.
WP(C) No.15607/2024 4/6 Order Date : 23-05-2024
- 3 -
3. Having heard the learned counsel
appearing for respective parties, this
Court is inclined to grant an interim order
directing the 1st respondent to consider
and pass orders in Ext.P8(a) application,
in the light of Exts.P17 notification and
P19 order, within a period of one month
from today (23.05.2024). It is clarified
that the said order will be subject to the
availability of project life and mineable
mineral resource and on condition that the
petitioner holds all other statutory
permits/licences/consent. If Ext. P8(a)
application is allowed, necessary movement
permit shall also be issued.
4. Respondents to place their counter
affidavit.
Post on 24.06.2024."
WP(C) No.15607/2024 5/6 Order Date : 23-05-2024
- 4 -
The Registry will issue a copy of the modified
order to the parties.
Sd/-
C.JAYACHANDRAN
JUDGE
TR
WP(C) No.15607/2024 6/6 Order Date : 23-05-2024
APPENDIX OF WP(C) 15607/2024
Exhibit P1 TRUE COPY OF THE QUARRY LEASE DATED 19-3-2021 EXECUTED
BETWEEN THE COMPETENT AUTHORITY AND THE SRI.K.MUHAMMED
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCEDATED 17-3-2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN,
WHICH BEARS THE ENDORSEMENT AS "APPROVED" ON 23-10-2017
Exhibit P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 20-4-2018,
ISSUED TO SRI.K.MUHAMMED
Exhibit P5 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 12-2-2019
ISSUED BY THE COMPETENT AUTHORITY TO SRI.K.MUHAMMED
Exhibit P6 TRUE COPY OF THE DEEMED LICENSE DATED 11-4-2020, ISSUED
BY THE SINGLE WINDOW CLEARANCE BOARD TO SRI.K.MUHAMMED
Exhibit P7 TRUE COPY OF THE DEATH CERTIFICATE DATED 11-10-2022
ISSUED BY THE COMPETENT AUTHORITY
Exhibit P7(a) TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY
THE COMPETENT AUTHORITY
Exhibit P8 . TRUE COPY OF THE CONSENT DATED 5-12-2023 GIVEN BY THE
LEGAL HEIRS OF LATE K.MUHAMMED
Exhibit P8(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DT.7-12-2023
Exhibit P9 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1ST
RESPONDENT DATED 10-1-2024
Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE SEIAA BEARING
NO.SIA/KL/MIN/295247/2022, FILE
NO.1160/EC/SEIAA/KL/2017, DATED 14-2-2023, TRANSFERRING
THE CLEARENCE TO THE PETITIONER
Exhibit P11 TRUE COPY OF THE PROCEEDINGS OF THE POLLUTION CONTROL
BOARD MODIFYING THE CONSENT TO OPERATE DATED 22-2-2024
Exhibit P12 TRUE COPY OF THE EXPLOSIVE LICENSE DATED 21-3-2024
ISSUED BY THE EXPLOSIVE DEPARTMENT
Exhibit P13 TRUE COPY OF THE DEEMED LICENSE ISSUED BY THE SINGLE
WINDOW CLEARANCE BOARD DATED 1-4-2024
Exhibit P14 TRUE COPY OF THE COVERING LETTER ALONG WITH WHICH THE
MODIFIED DOCUMENTS WITH CHANGE OF NAME ARE GIVEN TO THE
2ND RESPONDENT
Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20483/2021
PASSED BY THIS HON'BLE COURT
Exhibit P16 TRUE COPY OF S.O. NO.221(E) DATED 18-1-2021
Exhibit P17 TRUE COPY OF THE NOTIFICATIONS BEARING NO.S.O.1807(E),
DATED 12-4-2022, ISSUED BY THE MOEF
Exhibit P18 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GEOLOGIST
DATED 12-9-2022
Exhibit P19 . TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT OF
KERALA, BEARING NO.1257/2023/ID, DATED 14-12-2023
Exhibit P20 TRUE COPY OF THE IINTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.5162/2023, DATED 22-2-2023
Exhibit P21 TRUE COPY OF THE INTERIM ORDER DATED 9-1-2024 ISSUED BY
THIS HON'BLE COURT IN W.P.(C) NO.43273/2023
