Kerala High Court
M/S.Gayathri Rock Product vs The District Geologist on 6 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.38432/2024 1/5 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. 38432 OF 2024
PETITIONER:
M/S.GAYATHRI ROCK PRODUCT THOTTUMPALLA, PAZHAMBALAKKODE P.O.,
PALAKKAD -678544 REPRESENTED BY ITS MANAGING PARTNER P.P
VINCENT,S/O. PAPPU AGED 50 YEARS, PAYYAPPALLY HOUSE KALADY P.O.,
ERNAKULAM , PIN - 683574
RESPONDENT:
1. THE DISTRICT GEOLOGIST OFFICE OF THE DISTRICT GEOLOGISTS MINING &
GEOLOGY DEPARTMENT PALAKKAD , PIN - 678001
2. THE DIRECTOR MINING & GEOLOGY DEPARTMENT DIRECTORATE
KESAVADASAPURAM , PATTOM PALACE P.O. THIRUVANANTHAPURAM, PIN -
695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY INDUSTRIES DEPARTMENT
SECRETARIATTHIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) REPRESENTED
BY ITS MEMBER SECRETARY 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
5. MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTO, PIN -
110993
6. KERALA STATE POLLUTION CONTROL BOARD PALAKKAD DISTRICT OFFICE,
KENATHUPARAMBU KUNATHURNEDU, PALAKKAD REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER, PIN - 678001
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 to the extent it directs that,
the mining by the quarry operators 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. p12 judgment. 2) stay the operation of ext. p13 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 6th 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;
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
WP(C) No.38432/2024 2/5 Order Date : 06-02-2025
M/S. K.J.MANU RAJ & K.VINAYA, Advocates for the petitioner, the court
passed the following:
WP(C) No.38432/2024 3/5 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.38432/2024 4/5 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.38432/2024 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 38432/2024
Exhibit P 1 TRUE COPY OF RELEVANT PAGES ENVIRONMENTAL CLEARANCE
ISSUED BY DEIAA DATED 29.7.2017
Exhibit P 2 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 19.9.2024
Exhibit P 3 A TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 25.9.2024
Exhibit P 4 TRUE COPY OF THE LICENCE ISSUED BY THE TARUR GRAMA
PANCHAYAT DATED 24.9.2024
Exhibit P 5 TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED,
18/01/2021,
Exhibit P 6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P 7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP [C ] NO 30027 OF 2024 DATED 23.8.2024
Exhibit P 8 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P 9 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.Α.Νο. 142/2022 IN
JAYANTH KUMAR V. MOEF & CC
Exhibit P 10 TRUE COPY OF THE SOP DATED 15.1.2024 ISSUED BY THE MOEF
Exhibit P 11 TRUE COPY OF THE O.M. DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF OM DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P 12 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P 13 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P 14 A TRUE COPY OF THE INTERIM ORDER DATED 24.10.2024 IN WP
[C ] 36597 OF 2024
