Kerala High Court
Abdurahiman V.T vs The Geologist on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.37184/2024 1/5 Order Date : 24-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 24th day of October 2024 / 2nd Karthika, 1946
WP(C) NO. 37184 OF 2024
PETITIONER:
ABDURAHIMAN V.T, AGED 51 YEARS, S/O.MUHAMMED, VALIYATHODI HOUSE,
OORAKAM P.O., MALAPPURAM DISTRICT, PIN - 676519
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, MALAPPURAM, PIN-676121
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, SECRETARIATE, 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, PALAKKAD-KOZHIKODE HWY, UP
HILL, MALAPPURAM, KERALA, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
PIN-676505
6. THE SECRETARY, OORAKAM GRAMA PANCHAYAT, OORAKAM, MELMURI P.O.,
MALAPPURAM, PIN-676519
7. UNION OF INDIA, 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.P20 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.P20. 2) Stay the operation of Ext.P21 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 5th respondent to renew consent to
operate for the period applied for, provisionally, without insisting for
any reappraisal of Environmental Clearance as a condition precedent,
pending disposal of the above writ petition, forthwith; 5) Direct the 6 th
Respondent to extend the validity of licence for the period applied for,
provisionally, without insisting for any reappraisal of Environmental
WP(C) No.37184/2024 2/5 Order Date : 24-10-2024
Clearance as a condition precedent, 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.37184/2024 3/5 Order Date : 24-10-2024
DR.KAUSER EDAPPAGATH, J.
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W.P.(C) Nos.7489, 7646, 35102, 35316,
36318, 36338, 36376, 36479, 36597,
36737, 37168, 37184, 37200,
37332, 37510 of 2024
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Dated this the 24th day of October, 2024
ORDER
Heard.
In view of the order passed on 14.10.2024 by the
Ministry of Environment, Forest and Climate Change, all the
statutory authorities shall treat the Environmental Clearance
issued by DEIAAs between 15.01.2016 and 12.12.2018 as valid
till 7.11.2024, 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.
Post on 28.10.2024. Treat these cases as part heard.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) No.37184/2024 4/5 Order Date : 24-10-2024
APPENDIX OF WP(C) 37184/2024
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE
ISSUED BY DEIAA DATED 30/11/2018
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/852(E39926), VALID FROM
08/11/2023, TO 31/03/2028 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER, BEARING FILE NO. KSPCB/MA/ICO/10063771/VAR/2024
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD,
DATED 25/03/2024, VALID UP TO 27/10/2024,
Exhibit P3(a) TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
DATED NIL , SUBMITTED BY THE PETITIONER FOR RENEWAL OF
CONSENT
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, ISSUED
BY THE SECRETARY, OORAKAM GRAMA PANCHAYAT, DATED
26/03/2024, WHICH IS VALID UP TO 27/10/2024,
Exhibit P4(a) TRUE COPY OF THE RECEIPT DATED 21/11/2023, ISSUED FROM
THE OFFICE OF THE 6 TH RESPONDENT
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN WITH
ENDORSEMENT "APPROVED" ON 14/03/2018
Exhibit P6 TRUE COPY OF THE 1 ST QUARRYING PERMIT, DATED
27/09/2019, FOR A PERIOD UPTO 26/01/2020
Exhibit P7 TRUE COPY OF THE 2 ND QUARRYING PERMIT, DATED
29/01/2020, FOR A PERIOD UPTO 28/05/2020
Exhibit P8 TRUE COPY OF THE 3RD QUARRYING PERMIT, DATED
26/06/2020, FOR A PERIOD UPTO 26/09/2020
Exhibit P9 TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED
18/01/2021,
Exhibit P10 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P10(a) TRUE COPY OF G.O 1257/2023/ID, DATED 14-12-2023, ISSUED
BY THE GOVERNMENT OF KERALA
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 13.11.2023 PASSED
BY THIS HON. COURT IN W.P.(C) NO. 35472/2023
Exhibit P12 TRUE COPY OF THE QUARRY PERMIT ISSUED BY THE GEOLOGIST
DATED 12/01/2024
ExhibitP13 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022
Exhibit P15 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P16 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF OM DATED 03/11/2023
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 20.03.2024 PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO. 11194/2024
Exhibit P18 TRUE COPY OF THE SCREENSHOT SHOWING THE VALIDITY OF
EXT.P12 QUARRYING PERMIT, FROM 12/01/2024, HAVING
EXPIRY DATE 11/01/2025,
Exhibit P19 TRUE COPY OF THE MOVEMENT PERMIT DATED 04/05/2024,
WHICH IS VALID UPTO 27/10/2024
WP(C) No.37184/2024 5/5 Order Date : 24-10-2024
Exhibit P20 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P21 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P22 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
