Kerala High Court
M/S. S.S Granites vs The Geologist on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.37332/2024 1/4 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. 37332 OF 2024
PETITIONER:
M/S. S.S GRANITES, HOUSE NO. 322/12, KURANGOLITHADATHIL, KARIMPANA
P.O, KOOTHATTUKULAM, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER,
SRI. SABU VARGHESE, PIN - 686662
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING &
GEOLOGY, ERNAKULAM, PIN - 682030
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. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE (ERNAKULAM -
2), PMC 20/7331, GOVT.HOSPITAL - KSRTC ROAD, NEAR KALLUNKAL
AUDITORIUM, PERUMBAVOOR, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
PIN-683542
6. THE SECRETARY, PALAKKUZHA GRAMA PANCHAYAT, PALAKKUZHA, ERNAKULAM,
PIN-686662
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.p19 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
ext.p19 judgment; 2) stay the operation of ext.p20 o.m 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 integrated 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 writ petition, forthwith; 5) direct the 5 th
WP(C) No.37332/2024 2/4 Order Date : 24-10-2024
respondent, to extend the validity of licence for the period applied for,
provisionally, without insisting for any reappraisal of environmental
clearance as a condition precedent, pending disposal of the 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.37332/2024 3/4 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.37332/2024 4/4 Order Date : 24-10-2024
APPENDIX OF WP(C) 37332/2024
Exhibit P19 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P20 TRUE COPY OF THE O.M DATED 14.10.2024 ISSUED BY MOEF
