Kerala High Court
M/S. Popular Metals vs The Geologist on 6 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.36318/2024 1/4 Order Date : 06-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 6th day of February 2025 / 17th Magha, 1946
WP(C) NO. 36318 OF 2024
PETITIONER:
M/S. POPULAR METALS, ERUMELY SOUTH, KANJIRAPPALLY TALUK, KOTTAYAM,
REPRESENTED BY ITS MANAGING PARTNER SRI.PRASANTH K.N, PIN - 686509
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE,DEPARTMENT OF MINING & GEOLOGY,
KOTTAYAM , PIN - 686002
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. 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 ext.p17 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.p17 judgment. 2) direct 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.
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 petitioners, the court passed the following:
WP(C) No.36318/2024 2/4 Order Date : 06-02-2025
T.R.RAVI.J
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WP(C) No.7489/2024 WP(C) No.7646/2024 WP(C) No.32922/2024
WP(C) No.35102/2024 WP(C) No.35316/2024 WP(C) No.36318/2024
WP(C) No.36338/2024 WP(C) No.36376/2024 WP(C) No.36479/2024
WP(C) No.36597/2024 WP(C) No.36737/2024 WP(C) No.37184/2024
WP(C) No.37200/2024 WP(C) No.37332/2024 WP(C) No.37504/2024
WP(C) No.37510/2024 WP(C) No.37841/2024 WP(C) No.37999/2024
WP(C) No.38083/2024 WP(C) No.38180/2024 WP(C) No.38195/2024
WP(C) No.38236/2024 WP(C) No.38333/2024 WP(C) No.38335/2024
WP(C) No.38380/2024 WP(C) No.38432/2024 WP(C) No.38452/2024
WP(C) No.38456/2024 WP(C) No.38501/2024 WP(C) No.38528/2024
WP(C) No.38623/2024 WP(C) No.38663/2024 WP(C) No.38669/2024
WP(C) No.38671/2024 WP(C) No.38809/2024 WP(C) No.38838/2024
WP(C) No.38863/2024.WP(C) No.39078/2024 WP(C) No.39124/2024
WP(C) No.39207/2024 WP(C) No.39214/2024 WP(C) No.39391/2024
WP(C) No.39452/2024 WP(C) No.39480/2024 WP(C) No.39617/2024
WP(C) No.39745/2024 WP(C) No.39749/2024 WP(C) No.39773/2024
WP(C) No.39786/2024 WP(C) No.39804/2024 WP(C) No.39869/2024
WP(C) No.39977/2024 WP(C) No.40022/2024 WP(C) No.40038/2024
WP(C) No.40050/2024 WP(C) No.40172/2024 WP(C) No.40258/2024
WP(C) No.40311/2024 WP(C) No.40361/2024 WP(C) No.40750/2024
WP(C) No.40755/2024 WP(C) No.40757/2024 WP(C) No.40758/2024
WP (C) No.40760/2024 WP(C) No.40763/2024 WP(C) No.40768/2024
WP(C) No.41719/2024 WP(C) No.42428/2024 WP(C) No.42579/2024
WP(C) No.42685/2024 WP(C) No.43486/2024 WP(C) No.43510/2024
WP(C) No.44332/2024 WP(C) No.45479/2024 WP(C) No.45920/2024
WP(C) No.46092/2024 WP(C) No.46185/2024 WP(C) No.46202/2024
WP(C) No.424/2025 WP(C) No.653/2025 WP(C) No.842/2025
WP(C).No.847/2025
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Dated this the 06th day of February, 2025
ORDER
When the case is taken up, it is pointed out by the
counsel for the petitioners that pursuant to the interim order
dated 21.01.2025, attempts were made to upload the details
WP(C) No.36318/2024 3/4 Order Date : 06-02-2025
WP(C) NO.7489 of 2024 & con.cases
of re-appraisal and that difficulties were faced in uploading
the documents with regard to certain aspects. The petitioners
may give details of the difficulties to the Standing Counsel
appearing for the SEIAA and the Standing Counsel may after
getting instructions come out with a solution.
Post on 12.02.2025 for hearing.
Interim order already granted shall stand extended till
28.02.2025.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) No.36318/2024 4/4 Order Date : 06-02-2025
APPENDIX OF WP(C) 36318/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 23/02/2018
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO. 01/Q/2017 WITH
FILE NO.K04/DEIAA/Q4/2017, DATED 18-12-2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/100(E93991) VALID FROM
06/02/2020 UPTO 31/03/2025 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT TO
OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 18-10-2022, VALID UPTO 17-12-2027, BEARING
FILE NO. KSPCB/KT/ICO/10012963/2022
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO.SC5-2201/2024-2025, DATED 09-04-2024 WHICH IS VALID
UPTO 31-03-2025 ISSUED BY THE SECRETARY, ERUMELI GRAMA
PANCHAYAT
Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 42123/2022, DATED 22/12/2022
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN
I.A NO. 1/2023 DATED 05/01/2024 IN W.P.(C)
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH
KUMAR V. MOEF&CC
Exhibit P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P14 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 15702/2024 DATED12/04/2024
Exhibit P15 TRUE COPY OF THE MOVEMENT PERMIT DATED 15/06/2024,
WHICH IS VALID UPTO 26/10/2024
Exhibit P16 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
SUBMITTED BY THE PETITIONER, FOR REAPPRAISAL OF
ENVIRONMENTAL CLEARANCE DATED 06/09/2024
Exhibit P17 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
