Kerala High Court
Abilash vs The Geologist on 13 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39977/2024 1/5 Order Date : 13-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
WP(C) NO. 39977 OF 2024
PETITIONER:
ABILASH AGED 44 YEARS NAYAKATHPARAMPIL HOUSE, NHAGATTIRI, THRITHALA
P.O., PALAKKAD DISTRICT , PIN - 679303
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY
PALAKKAD DISTRICT, 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. THE KERALA POLLUTION CONTROL BOARD KENATHUPARAMBU, KUNNATHURMEDU,
PALAKKAD, , PIN - 680001
6. THE SECRETARY VELLINEZHI GRAMA PANCHAYAT, KULAKKAD P.O, PALAKKAD,
PIN - 679503
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 ext.p14 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.p14. 2) stay the operation of ext.p15 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 extend the
validity of consent to operate for the period applied for, provisionally,
without insisting for any reappraisal of environmental clearance as a
condition precedent; 5) direct the 6 th respondent, to extend the validity
of license 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
WP(C) No.39977/2024 2/5 Order Date : 13-11-2024
the petitioner, the court passed the following:
WP(C) No.39977/2024 3/5 Order Date : 13-11-2024
DR. KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.39977 of 2024
============================
Dated this, the 13th 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 the 4th respondent. Sri.
T. Naveen, the learned Standing Counsel takes notice for the
5th respondent. The learned DSGI takes notice for the 7th
respondent.
3. This Court has already passed an interim order in
the connected matters that all the statutory authorities shall
treat the environmental clearance issued by DEIAAs
between 15/01/2016 and 12/12/2018 as valid, subject to
availability of project life as laid down in the Mining Plan
approved and renewed by the competent authority and
WP(C) No.39977/2024 4/5 Order Date : 13-11-2024
W.P.(C) NO.39977 OF 2024
mineable reserves and on condition that the petitioner
satisfies all other statutory formalities. Hence, the very
same interim order is passed in this case as well for a period
of one month.
Post on 20.11.2024 for hearing along with W.P.(C)
No.37915/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
WP(C) No.39977/2024 5/5 Order Date : 13-11-2024
APPENDIX OF WP(C) 39977/2024
EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY 1ST
RESPONDENT, DATED 10-01-2024
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 08/05/2018, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
DIA/KL/PL/07/2018
EXHIBIT P3. TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, DATED 31/01/2023 FOR A PERIOD UPTO 31/03/2028
ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM
EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE ISSUED BY THE 5TH RESPONDENT, DATED
01/11/2024, VALID UPTO 07/11/2024, ,
EXHIBIT P4a. TRUE COPY OF THE RECEIPT DATED 26/10/2024, ISSUED FROM
THE OFFICE OF THE 5TH RESPONDENT
EXHIBIT P5. TRUE COPY OF THE LICENSE, DATED 01/04/2024 ISSUED BY
THE 6 TH RESPONDENT, VALID UP TO 07/11/2024
EXHIBIT P6. TRUE COPY OF THE RECEIPT DATED 14/03/2024, ISSUED FROM
THE OFFICE OF THE 6 TH RESPONDENT
EXHIBIT P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBIT P8. TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WP(C) NO. 13343/2023 DATED 13/04/2023
EXHIBIT P9. TRUE COPY OF THE MOVEMENT PERMIT DATED 26/06/2024,
WHICH IS VALID UPTO 26/10/2024,
EXHIBIT P10. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P11. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7- 12-2022 IN O.A.NO.142/2022
EXHIBIT P12. TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBIT P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
EXHIBIT P14. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P15. RUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF
EXHIBIT P16. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 24/10/2024
EXHIBIT P17. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 07/11/2024
EXHIBIT P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
