Kerala High Court
M/S. Deepam Granites vs The Geologist on 15 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.40361/2024 1/4 Order Date : 15-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 15th day of November 2024 / 24th Karthika, 1946
WP(C) NO. 40361 OF 2024
PETITIONER:
M/S.DEEPAM GRANITES MURINGAMALA, VEMBALLUR POST, PALAKKAD DISTRICT
REPRESENTED BY ITS MANAGING PARTNER SHRI. T.SANTHOSH, PIN - 678012.
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
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. 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.p15 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.p15. 2) stay the operation of ext.p16 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.
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.40361/2024 2/4 Order Date : 15-11-2024
DR. KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.40361 of 2024
============================
Dated this, the 15th 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. The
learned DSGI takes notice for the 5th 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
mineable reserves and on condition that the petitioner
satisfies all other statutory formalities. Hence, the very
WP(C) No.40361/2024 3/4 Order Date : 15-11-2024
W.P.(C) NO.40361 OF 2024
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.40361/2024 4/4 Order Date : 15-11-2024
APPENDIX OF WP(C) 40361/2024
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 30/08/2017
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 21/04/2017 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE
LICENSE, DATE OF RENEWAL 05/03/2021, FOR A PERIOD UPTO
31/03/2026, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 02/04/2023, VALID UPTO
31/03/2026
EXHIBIT P5 TRUE COPY OF THE LICENSE DATED 05/04/2024, WHICH IS
VALID FROM 01/04/2024 FOR A PERIOD UPTO 31/03/2025
ISSUED BY THE SECRETARY, ERIMAYUR GRAMA PANCHAYAT
EXHIBIT P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBIT P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 30954/2022 DATED 28/09/2022
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT, DATED
18/10/2022
EXHIBIT P10 TRUE COPY OF THE MOVEMENT PERMIT DATED 29/10/2024,
WHICH IS VALID UPTO 06/11/2024
EXHIBIT P11 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P12 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH
KUMAR V. MOEF & CC
EXHIBIT P13 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBIT P14 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
EXHIBIT P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P16 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 24/10/2024
EXHIBIT P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 36737/2024, DATED 07/11/2024
EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
