Kerala High Court
Sree Siva Granites vs The Geologist on 8 November, 2024
WP(C) No.39452/2024 1/3 Order Date : 08-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 8th day of November 2024 / 17th Karthika, 1946
WP(C) NO. 39452 OF 2024
PETITIONER:
SREE SIVA GRANITES, AGED 59 YEARS,KOLIYAR, ATTENGANAM
POST,ANANDASHRAM(VIA),KASARAGOD DISTRICT,REPRESENTED BY ITS MANAGING
PARTNER SMT. SAVITHRI THAMBAN, PIN-671531
RESPONDENTS:
1. THE GEOLOGIST,DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, CIVIL
STATION,KASARAGOD,PIN-671121
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)
MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN-695001
5. KERALA STATE POLLUTION CONTROL BOARD, NEAR MAM ARCADE RAILWAY
STATION,KANHANGAD,KASARGOD, PIN-671315
6. 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 stay the operation of Ext.P16 to the extent it directs that,
the mining by lease holders who have been granted environmental clearance
by deiaa shall not be allowed to operate, if no appraisal /reappraisal is
made by seiaa within 3 months from the date of Ext.P16. 2) stay the
operation of ext.p17 to the extent it states that, the inability to
reappraise clearances by the seiaa would lead to such mining leases being
not allowed to operate as the environmental clearances in such cases to be
considered as illegal. 3) 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. 4) direct the 5 th respondent, to renew consent to
operate for the period applied for, provisionally, without insisting for
any reappraisal of environmental clearance as a condition precedent;
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.39452/2024 2/3 Order Date : 08-11-2024
BASANT BALAJI , J.
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W.P.(C) No.39391 of 2024, W.P.(C) No.39452 of 2024 & W.P.(C)
No.39480 of 2024
-----------------------------------
Dated this the 8th day of November, 2024
ORDER
The petitioner challenges Ext.P14 order of the National Green
Tribunal in these Writ Petitions. The said order is under challenge in
W.P.(C) No.7489/2024 and connected cases, in which an interim order
was passed by this Court on 24.10.2024 directing that all the statutory
authorities shall treat the environment clearance issued by DEIAAS
between 15/01/2016 and 12/12/2018 as valid till 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 statutory formalities. The said
order is now extended by another order dated 07.11.2024 for a period
of one month. Since the issue involved in these writ petitions and W.P.
(C) No.7489/2024 with connected matters are one and the same, the
orders dated 24.10.2024 as well as 07.11.2024 in W.P.( C) 7489 of
2024 and connected cases will govern these writ petitions also.
Post on 22.11.2024 along with W.P.(C.) No.7489 of 2024 and
connected cases.
Sd/-
BASANT BALAJI ,
JUDGE
Saap
WP(C) No.39452/2024 3/3 Order Date : 08-11-2024
APPENDIX OF WP(C) 39452/2024
EXHIBITP16. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBITP17. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
