Kerala High Court
N.V Asok Kumar vs The State Of Kerala on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.35978/2023 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. 35978 OF 2023
PETITIONER:
N.V ASOK KUMAR, AGED 53 YEARS S/O VENUGOPAL, MOHANAVILASOM,
PALLIKIZHAKKETHIL, VETTITHITTA P.O., PATHANAPURAM, PATHANAMTHITTA
DISTRICT , PIN - 691551
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, ,
PIN - 695001
2. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY,MINI CIVIL STATION, ARANMULA P.O., PATHANAMTHITTA, , PIN -
689533
3. DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PATHANAMTHITTA,
REPRESENTED BY ITS CHAIRMAN & DISTRICT COLLECTOR, CIVIL STATION,
PATHANAMTHITTA, , PIN - 689645
4. KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, PATTOM P.O.,
THIRUVANANTHAPURAM,REPRESENTED BY ITS CHAIRMAN, , PIN - 695001
5. THE SECRETARY, ENADIMANGALAM GRAMA PANCHAYAT, ENADIMANGALAM,
PATHANAMTHITTA, , PIN - 691524
6. ADDL.R6 THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KERALA KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM -
695 001, REPRESENTED BY ITS CHAIRMAN. [ADDL.R6 IS IMPLEADED AS PER
ORDER DATED 22.12.2023 IN I.A-1/2023 IN WP(C) 35978/2023]
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 the 2nd respondent to issue quarrying permit in favour
of the petitioner, for quarrying from land having an extent of 89.03 ares
in re.sy.no.140/3-1, block no.26 of Enadimangalam Village pending disposal
of writ petition.
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 S.SREEKUMAR (SR.), P.MARTIN JOSE, P.PRIJITH, SACHIN JACOB AMBAT,
THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, ANNA LINDA
EDEN, HARIKRISHNAN S., Advocates for the petitioner, the court passed the
following:
WP(C) No.35978/2023 2/4 Order Date : 24-10-2024
Dr. Kauser Edappagath, J
-------------------------------
WP(C) Nos.22785/2023, 1483/2023, 20454/2023,
20597/2023, 20610/2023, 20763/2023, 21543/2023,
22689/2023, 23092/2023, 23150/2023, 23309/2023,
23685/2023, 24292/2023, 24415/2023, 24651/2023,
25208/2023, 25940/2023, 26430/2023, 26690/2023,
27182/2023, 27864/2023, 28218/2023, 28223/2023,
28683/2023, 29463/2023, 31513/2023, 33243/2023,
32545/2023,35764/2023 & 35978/2023
-------------------------------
Dated this the 24th day of October, 2024
--------------------------------
ORDER
Heard both sides. This Court as per order dated 16.11.2023
passed an interim order that the respondent statutory authorities
shall treat the Environmental Clearance issued by DEIAAs
between 15.01.2016 and 13.09.2018 as valid up to 28.04.2024 or
till orders are passed by SEIAA after reappraisal, whichever is
earlier.
In view of the OM dated 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
WP(C) No.35978/2023 3/4 Order Date : 24-10-2024
W.P.(C).No.23150/2023 & Con.cases
Mining Plan approved and renewed by the competent authority
and mineable reserves and on condition that the petitioners
satisfy all other statutory requirements.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
kp
WP(C) No.35978/2023 4/4 Order Date : 24-10-2024
APPENDIX OF WP(C) 35978/2023
Exhibit P1 TRUE COPY OF LETTER OF INTENT FOR QUARRYING PERMIT
ISSUED ON 26-3-2018 BY THE MINING AND GEOLOGY
DEPARTMENT
Exhibit P2 TRUE COPY OF LETTER DATED 28-3-2018 ISSUED BY THE 2ND
RESPONDENT, APPROVING THE MINING PLAN
Exhibit P3 TRUE COPY OF EXPLOSIVE LICENSE ISSUED BY THE PESO DATED
03-4-2023
Exhibit P4 TRUE COPY OF ENVIRONMENTAL CLEARANCE NO.37/2018 DATED
13-08-2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, PATHANAMTHITTA TO THE PETITIONER,
ISSUED A PERIOD OF 5 YEARS
Exhibit P5 TRUE COPY OF CONSENT TO OPERATE DATED 12-10-2018 ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD
Exhibit P6 TRUE COPY OF COMMON JUDGMENT DATED 30-08-2022 IN
W.P.(C).NO.4851 OF 2022 AND WP(C) NO: 21480 OF 2022 OF
THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF TRADE LICENSE ISSUED ON 29-9-2022 BY THE
SECRETARY, ENADIMANGALAM GRAMA PANCHAYAT IN FAVOUR OF
THE PETITIONER
Exhibit P8 TRUE COPY OF ORDER NO: 749/2022-23/388/DOPTA/ M/2018
DATED 12-1-2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF JUDGMENT DATED 20-02-2023 IN
W.P.(C).NO.3758 OF 2023 OF THIS HON'BLE COURT
Exhibit P10 TRUE COPY OF COMMON JUDGMENT DATED 26-07-2023 IN
W.A.NO.566 OF 2023, W.A.NO. 1483 OF 2022 AND
W.A.NO.1674 OF 2022.
Exhibit P11 TRUE COPY OF NOTIFICATION DATED 18-01-2021 ISSUED BY
CENTRAL GOVERNMENT
Exhibit P12 TRUE COPY OF CIRCULAR DATED 18-03-2021 ISSUED BY THE
POLLUTION CONTROL BOARD
Exhibit P13 TRUE COPY OF ORDER DATED 13-09-2023 ISSUED BY 2ND
RESPONDENT
Exhibit P14 TRUE COPY OF THE ORDER DATED 18-01-2024 PASSED BY 2ND
RESPONDENT
Exhibit P15 TRUE COPY OF THE APPLICATION DATED 25-01-2024 BEFORE
THE 5TH RESPONDENT PANCHAYAT
Exhibit P16 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
25-01-2024 ISSUED BY THE 5TH RESPONDENT
