Kerala High Court
Sudhakaran C vs The Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39124/2024 1/5 Order Date : 07-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WP(C) NO. 39124 OF 2024
PETITIONER:
SUDHAKARAN C., AGED 56 YEARS, CHENGANAKKATTIL HOUSE, KULIKKILIYAD,
KUNDURKUNNU P.O., PALAKKAD, PIN - 678583.
RESPONDENT:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, MUNICIPAL SHOPPING COMPLEX, T.B. ROAD, PALAKKAD, PIN -
678014.
2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P O, TRIVANDRUM, PIN - 695004.
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001.
5. KERALA STATE POLLUTION CONTROL BOARD, KUNATHURMEDU, PALAKKAD, KERALA
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN - 678001.
6. THE SECRETARY, KARIMPUZHA GRAMA PANCHAYAT, KARIMPUZHA P.O.,
PALAKKAD, PIN - 679513.
7. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS
DIRECTOR., PIN - 110993.
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:- 1) stay the operation of exts.p17 and p18; 2) direct
the 5 th respondent to renew consent to operate for the period applied
for, provisionally, without insisting for any reappraisal of environmental
clearance, pending disposal of the writ petition; 3) direct the 6 th
respondent to renew license for the period applied for, provisionally,
without insisting for any reappraisal of environmental clearance, pending
disposal of the writ petition; 4) respondents 1 and 2 to issue movement
permits and transit passes to the petitioner and also permit the
petitioner to access the kompas, without insisting for any reappraisal of
the environmental clearance, provisionally, pending disposal of the above
writ petition, forthwith.
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.39124/2024 2/5 Order Date : 07-11-2024
DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) No. 39124 of 2024
----------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
Admit.
2. The learned Government Pleader takes notice for
respondent Nos. 1 to 3. Sri.M.P.Sreekrishnan, the learned
Standing Counsel takes notice for respondent No.4.
Sri.T.Naveen, the learned Standing Counsel takes notice for
respondent No.5. Sri.Nireesh Mathew, the learned Standing
Counsel takes notice for respondent No.6. The learned DSGI
takes notice for respondent No.7.
3. The main challenge in these writ petitions is against
the judgment of NGT in O.A.No.142/2022 dated 08/08/2024.
Thereafter, on the basis of the said judgment of the NGT, the
Government of India, Ministry of Envioronment, Forest and
Climate Change passed an O.M.dated 14/10/2024 stating that
unless appraisal/reappraisal of ECs granted by DEIAA is not
done by the concerned SEIAA on or before 07/11/2024, ECs in
such cases would be considered as illegal and it will lead to
WP(C) No.39124/2024 3/5 Order Date : 07-11-2024
..2..
such mining leases being not allowed to operate.
4. The petitioners in all the writ petitions sought for
stay of the above official memorandum passed by the
Government of India, Ministry of Envioronment, Forest and
Climate Change. In some of the writ petitions, a separate
application has been filed to stay the operation of the
O.M.dated 14/10/2024. On the said applications, petitioners
were already heard. The SEIAA as well as Union of India
sought time to file statement. It is submitted that SEIAA has
filed a statement today. The Union of India has also
submitted that they have also filed the statement today.
5. This Court has already passed an interim order that
all the statutory authorities shall treat the environmental
clearance issued by DEIAAs between 15/01/2016 and
12/12/2018 as valid till today (07/11/2024), subject to
availability of project life as laid down in the Mining Plan
approved and renewed by the competent authority and
mineable reserves and on condition that the petitioners
satisfy all other statutory formalities. Since the hearing on
WP(C) No.39124/2024 4/5 Order Date : 07-11-2024
..3..
the applications filed by the petitioners to stay the operation
of O.M.dated 14/10/2024 is not complete, the interim order
passed above is extended for a period of one month.
6. The statement filed by the SEIAA shall be received.
Post on 22/11/2024 for hearing along with W.P.(C)
No.7489/2024.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
APA
WP(C) No.39124/2024 5/5 Order Date : 07-11-2024
APPENDIX OF WP(C) 39124/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 22/02/2019
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.
12/DIA/KL/PL/25/2017 DATED 05/03/2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/1461(E68312) VALID FROM
08/11/2021 UPTO 31/03/2026 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT TO
OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 23/04/2024, VALID UPTO 27/10/2024, BEARING
FILE NO. KSPCB/PL/1CO/10065186/2024
Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION RECEIPT SHOWING
SUCCESSFUL SUBMISSION OF APPLICATION FOR RENEWAL OF
CONSENT IN THE PORTAL OF 5TH RESPONDENT VIZ. PHOENIX,
DATED 28-10-2024
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO.400772/RPTL20/GENERAL/2024/2154-21, DATED 29-4-2024,
ISSUED BY THE 6TH RESPONDENT PANCHAYAT, WHICH IS VALID
FROM 29/04/2024 TO 27/10/2024
Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT
DATED 29-10-2024
Exhibit P8 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P9 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 01/03/2023 ISSUED
BY THIS HON. COURT IN W.P (C) NO. 6504/2023
Exhibit P11 TRUE COPY OF THE CURRENT MOVEMENT PERMIT DATED
12/08/2024, ISSUED FOR A PERIOD UP TO 26.10.2024
Exhibit P12 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022
Exhibit P14 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE SCREENSHOT SHOWING SUBMISSION OF THE
APPLICATION FOR REAPPRAISAL DATED 31-3-2024
Exhibit P17 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P18 TRUE COPY OF THE O.M. DATED 14-10-2024 ISSUED BY THE
MOEF
Exhibit P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24-10-2024
Exhibit P20 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
