Kerala High Court
Smile.M.Anto vs Union Of India on 5 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.4672/2025 1/4 Order Date : 05-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Wednesday, the 5th day of February 2025 / 16th Magha, 1946
WP(C) NO. 4672 OF 2025
PETITIONER:
SMILE.M.ANTO, AGED 50 YEARS, S/O ANTONY, MANGALASSERY HOUSE,
MARUTHONKARA P.O,KAVILUMPARA VIA, KOZHIKODE , PIN - 673513
RESPONDENTS:
1. UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,
INDIRA PARIYAVARAN BHAVAN, JORBHAG ROAD, NEW DELHI, REPRESENTED BY
ITS SECRETARY , PIN - 110993
2. THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. THE DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE
P.O.,THIRUVANANTHAPURAM , PIN - 695004
5. THE GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, THE
BAY END FLOOR, 'C' BLOCK OF CIVIL STATION, KOZHIKODE, PIN - 673020
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 ext. p12 and p13 to the extent it
directs that the mining by lease holders who have been granted
environmental clearance by district authority shall not be allowed to
operate, if no appraisal/ reappraisal is made by state authority within 3
months from the date of ext. p12 having regard to ext p14 ordered under
identical circumstances so as to facilitate the respondents 3 and 5 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. N.KRISHNA PRASAD, P.SHANES METHAR, A.MOHAMMED FAIZAL & ARJUN P.V.,
Advocates for the petitioner, the court passed the following:
WP(C) No.4672/2025 2/4 Order Date : 05-02-2025
T.R. RAVI, J.
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W.P. (C). No. 4672 of 2025
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Dated this the 5th day of February, 2025
ORDER
Admit.
The learned DSGI takes notice for the 1st respondent. The
learned Government Pleader takes notice for respondents 3 to5.
Sri. M. P. Sreekrishnan, learned Standing Counsel takes notice
for the 2nd respondent.
2. In view of the interim orders passed in similar cases
and in view of the order issued by the Hon'ble Supreme Court in
C.A. Nos.3799-3800/2018 and connected cases, there will be a
direction to treat the Environmental Clearance granted by the
DEIAAs between dates 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.
WP(C) No.4672/2025 3/4 Order Date : 05-02-2025
Post on 06.02.2025 along with WP(C) No.7489 of 2024
and connected cases.
Sd/-
T.R. RAVI,
JUDGE
S.M.K.
WP(C) No.4672/2025 4/4 Order Date : 05-02-2025
APPENDIX OF WP(C) 4672/2025
Exhibit P1 A TRUE COPY OF THE LEASE DEED DATED 26.07.2017 EXECUTED
BETWEEN THE STATE GOVERNMENT AND THE PETITIONER
Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY
THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KOZHIKODE DATED 17.06.2017 IN NO.
01/DEIAA/KL/MIN/3148/2016
Exhibit P3 A TRUE COPY OF THE NOTIFICATION BEARING NO. S.O.141(E)
DATED 15.01.2016 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE NOTIFICATION NO.SO.190(E) DATED
20.01.2016 ISSUED BY RESPONDENT NO.1
Exhibit P5 A TRUE COPY OF THE S.O. 1807(E) DATED 12.04.2022 ISSUED
BY THE FIRST RESPONDENT
Exhibit P6 A TRUE COPY OF ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL (PRINCIPAL BENCH) DATED 13.09.2018 IN O.A.
Exhibit P7 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY THE FIRST RESPONDENT
Exhibit P8 A TRUE COPY OF THE OM DATED 03.11.2023 ISSUED BY 1ST
RESPONDENT
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATED 13.06.2023 IN
WRIT PETITION (CIVIL) NO 18126 OF 2023
Exhibit P9(A) A TRUE COPY OF THE PROCEEDINGS DATED 06.07.2023 ISSUED
BY THE JURISDICTIONAL GEOLOGIST
Exhibit P10 A TRUE COPY OF THE SOP DATED 15.01.2024 ISSUED BY THE
1ST RESPONDENT
Exhibit P11 A TRUE COPY OF THE O.M. DATED 15.03.2024 ISSUED BY 1ST
RESPONDENT
Exhibit P12 A TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A.
142/2022, DATED 08.08.2024
Exhibit P13 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 14.10.2024
ISSUED BY RESPONDENT NO.1
Exhibit P14 A TRUE COPY OF THE ORDER DATED 24.10.2024 IN WRIT
PETITION (C) NO. 7489/2024 AND CONNECTED CASES
Exhibit P14(A) A TRUE COPY OF THE INTERIM ORDER DATED 07.11.2024 IN
WRIT PETITION (C) NO. 7489/2024
Exhibit P14(B) A TRUE COPY OF THE INTERIM ORDER DATED 6.12.2024 IN
WRIT PETITION (C) NO. 7489/2024
Exhibit P14(C) A TRUE COPY OF THE INTERIM ORDER DATED 16.12.2024 IN
WRIT PETITION (C) NO. 7489/2024
Exhibit P14(D) A TRUE COPY OF THE INTERIM ORDER DATED 13.1.2025 IN
WRIT PETITION (C) NO. 7489/2024
Exhibit P14(E) A TRUE COPY OF THE INTERIM ORDER DATED 21.1.2025 IN
WRIT PETITION (C) NO. 7489/2024
Exhibit P15 A TRUE COPY OF THE RECEIPT DATED 19.2.2024 EVIDENCING
THE PAYMENT OF FEE
Exhibit P15(A) A TRUE COPY OF THE ONLINE APPLICATION DATED 23.02.2024
