Kerala High Court
Thekkinchuvadu Granites Private ... vs The Director on 15 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.40311/2024 1/5 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. 40311 OF 2024
PETITIONER:
THEKKINCHUVADU GRANITES PRIVATE LIMITED AGED 50 YEARS PUNNAKADAVU,
KOOMBARA BAZAR P.O., KOZHIKKODE, REPRESENTED BY ITS DIRECTOR,
ABDULLA, SON OF MUHAMMED, PARAPPIL HOUSE, EAST MALAYAMMA, MALAYAMMA
P.O, CHATHAMANGALAM VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT,
PIN-, PIN - 673602.
RESPONDENTS
1. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P O, TRIVANDRUM., PIN - 695004.
2. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN-676517.
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY INDUSTRIESDEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
4. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX,THIRUVANTHAPURAM, PIN - 695001.
5. THE ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, MALAPPURAM,, PIN - 676505.
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 1. stay the operation of exhibit p15 judgment 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
exhibit p15 judgment. 2. stay operation of exhibit p16 o.m. issued by the
sixth respondent till the disposal of above writ petition. 3. direct the
fifth respondent to renew consent to operate and issue consent variation
order to the petitioner without insisting for any reappraisal of
environmental clearance as a condition precedent 4. direct the 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.
WP(C) No.40311/2024 2/5 Order Date : 15-11-2024
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.P.M.ZIRAJ & IRFAN ZIRAJ, Advocates for the petitioner, the court
passed the following:
WP(C) No.40311/2024 3/5 Order Date : 15-11-2024
DR. KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.40311 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. Sri. T.
Naveen, the learned Standing Counsel takes notice for the
5th respondent. The learned DSGI takes notice for the 6th
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.40311/2024 4/5 Order Date : 15-11-2024
W.P.(C) NO.40311 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.40311/2024 5/5 Order Date : 15-11-2024
APPENDIX OF WP(C) 40311/2024
Exhibit P1 TRUE COPY OF THE CONSENT VARIATION ORDER DATED 8.6.2023
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD
VALID UP TO 16.06.2028
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
17.6.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, KOZHIKKODE
Exhibit P3 TRUE COPY OF THE QUARRYING LEASE DATED 21.8.2017 OF
PETITIONER VALID UP TO 20.08.2029
Exhibit P4 TRUE COPY OF THE D&O LICENCE DATED 1.4.2021 WHICH IS
VALID UP TO 31.3.2026 ISSUED BY THE SECRETARY,
KOODARANJE GRAMA PANCHAYATH
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF APPROVED SCHEME OF
MINING IN CONNECTION WITH THE QUARRY OF PETITIONER
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENCE DATED 10.11.2021 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P7 TRUE COPY OF THE S.O.NO.1807(E) DATED 12.04.2022ISSUED
BY THE SIXTH RESPONDENT
Exhibit P8 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT
DATED 14.2.2023 IN W.P (C). NO. 3963 OF 2023
Exhibit P9 TRUE COPY OF THE O.M. DATED 28.04.2023 ISSUED BY THE
FOURTH RESPONDENT
Exhibit P10 TRUE COPY OF THE MINUTES OF 127TH MEETING OF THIRD
RESPONDENT HELD ON 30TH AND 31ST OF MAY 2023
Exhibit P11 TRUE COPY OF THE OFFICE MEMORANDUM DATED 03.11.2023
ISSUED BY THE FOURTH RESPONDENT
Exhibit P12 TRUE COPY OF THE OFFICE MEMORANDUM 15.03.2024 ISSUED BY
THE FOURTH RESPONDENT
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF MEETING
HELD ON 25TH AND 26TH MARCH 2024 OF THIRD RESPONDENT
Exhibit P14 TRUE COPY OF THE DETAILS OF APPLICATION OF PETITIONER
BEFORE 4TH RESPONDENT DOWNLOADED FROM WEBSITE OF 4TH
RESPONDENT
Exhibit P15 TRUE COPY OF THE JUDGMENT ISSUED BY THE NGT IN
O.A.142/2022 DATED 8.8.2024
Exhibit P16 TRUE COPY OF THE O.M. DATED 14.10.2024 ISSUED BY THE
SIXTH RESPONDENT
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONORABLE
COURT IN WPC NO.19143 OF 2024
Exhibit P18 TRUE COPY OF THE INTERIM ORDER OF THIS HONORABLE COURT
DATED 7.11.2024 IN WPC NO.38863/2024
