Kerala High Court
M/S. Puthanveetil ... vs The District Geologist on 6 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.38452/2024 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. 38452 OF 2024
PETITIONER:
M/S. PUTHANVEETIL ASSOCIATES,VADAKKANGARA PO, MANKADA MALAPPURAM -
679324 REPRESENTED BY ITS MANAGING PARTNER K.P. ABOOBACKER, AGED 64
YEARS, S/O. ABU HAJI, RESIDING AT KANGATTU PUTHANVEETTIL, MANKADA,
VADAKKANGARA PO, MALAPPURAM DISTRICT , PIN - 679324
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, CIVIL
STATION, MALAPPURAM DISTRICT , PIN - 676505
2. THE DIRECTOR , MINING AND GEOLOGY DIRECTORATE,KESAVADASAPURAM,
PATTOM PALACE PO, THIRUVANANTHAPURAM , PIN - 695004
3. STATE OF KERALA , REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT , PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
5. UNION OF INDIA, REPRESENTED BY ITS DIRECTOR, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, NEW
DELHI, PIN - 110014
6. THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PERINTHALMANNA ROAD,
MALAPPURAM , PIN - 676505
7. THE SECRETARY, MANKADA GRAMA PANCHAYATH, MANKADA, MALAPPURAM
DISTRICT, PIN - 679324
8. THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR,THIRUVANANTHAPURAM , PIN - 695001
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 i) stay the operation of ext. p15 judgment to the extent it
direct 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. p15 judgment. ii) to direct respondent nos. 1 & 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 final 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. T.P.SAJID, K.P.MOHAMED SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N.,
SREESHMA B. CHANDRAN, HASHARURAHIMAN U. & MOHEMED FAVAS, Advocates for the
petitioner, the court passed the following:
WP(C) No.38452/2024 2/4 Order Date : 06-02-2025
T.R.RAVI.J
-------------------------------------------------------
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.38452/2024 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.38452/2024 4/4 Order Date : 06-02-2025
APPENDIX OF WP(C) 38452/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 18/4/2018 WHICH IS VALID TILL
17/4/2030 UNDER THE TERMS OF RULE 43 OF THE KERALA
MINOR MINERAL CONCESSIONS RULES, 2015 AND IN COMPLIANCE
OF ARTICLE 299 OF THE CONSTITUTION OF INDIA
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA
HAVING EC NO. 21/2017 DATED 1/12/2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OFF THE EXPLOSIVE
LICENSE DATED 15/5/2023 ISSUED BY THE EXPLOSIVES
DEPARTMENT , GOVERNMENT OF INDIA TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT
VARIATION ORDER DATED 29/12/2023 ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED BY THE MANKADA GRAMA
PANCHAYAT DATED 20/3/2024 TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER DATED 26/9/2022
Exhibit P7 TRUE COPY OF THE GAZETTE NOTIFICATION IN SO NO. 1807(E)
DATED 12/4/2022
Exhibit P8 TRUE COPY OF THE FRONT PAGE OF THE MINING PLAN APPROVED
BY THE GEOLOGIST MALAPPURAM, DATED 21/06/2017
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 10/8/2022 PASSED
BY THIS HON'BLE COURT IN W.P.(C). NO. 23635/2022 (D)
Exhibit P10 TRUE COPY OF THE OFFICE MEMORANDUM (OM) DATED 15/3/2024
ISSUED BY THE 4TH RESPONDENT
Exhibit P11 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P12 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL DATED 7/12/2022 IN O.A. NO. 142/2022 IN
JAYANTH KUMAR VS. MOEF& CC
Exhibit P13 TRUE COPY OF THE SOP DATED 15/1/2024 ISSUED BY THE MOEF
Exhibit P14 TRUE COPY OF THE O.M. DATED 15/3/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 8/8/2024
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 9/4/2024 IN
W.P.(C). NO. 14661/2024 OF THIS HON'BLE COURT
Exhibit P17 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
Exhibit P18 TRUE COPY OF THE RELEVENT PAGES OF APPLICATION DATED
06/11/2024 IN THE PRESCRIBED PERFORMA SUBMITTED THE
PETITIONER BY THROUGH PARIVESH PORTAL
