Kerala High Court
Sri.A.Mohammed Basheer vs The Geologist on 6 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.37841/2024 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. 37841 OF 2024
PETITIONER:
SRI.A.MOHAMMED BASHEER, AGED 74 YEARS S/O.ABDUL RAZAK, MYLACKAL,
THEMPAKALA HOUSE, VENJARAMOODU P.O., TRIVANDRUM, PIN - 695607
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE PO, TRIVANDRUM, PIN - 695004
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, TRIVANDRUM, PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, TRIVANDRUM, PIN - 695001
5. KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, TC 12/96(4,5)
PLAMOODU, PATTOM P O, TRIVANDRUM - REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER, PIN - 695004
6. THE SECRETARY PULLANPARA GRAMA PANCHAYAT, VENJARAMOODU P.O,
TRIVANDRUM, PIN - 695607
7. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTOR., PIN -
110993
8. NOBLE M PAIKADA ( SOUGHT TO BE IMPLEADED ), S/O MANI PAIKADA,
RESIDING AT PAIKADA HOUSE, MANAKADAVU P.O, ALAKKODE, KANNUR DISTRICT
- ( SOUGHT TO BE IMPLEADED )
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: - 1) stay the operation of ext.p17 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; 2) stay the operation of ext.p18 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 5 th respondent, to extend the
validity of 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 writ petition, forthwith; 5)
direct the 6 th respondent, to extend the validity of licence for the
WP(C) No.37841/2024 2/5 Order Date : 06-02-2025
period applied for, provisionally, without insisting for any reappraisal
of environmental clearance as a condition precedent, pending disposal of
the 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
SRI. PHILIP J.VETTICKATTU, Advocate for the petitioners, M/S V.HARISH &
RAJAN VISHNURAJ Advocates for R8, the court passed the following:
WP(C) No.37841/2024 3/5 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.37841/2024 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.37841/2024 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 37841/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1 ST
RESPONDENT, DATED 23/01/2019
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.
DIA/KL/MIN/15846/2018 DATED 16/11/2018,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, VALID FROM 09/03/2023, TO 31/03/2028 ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE-RENEWAL BEARING FILE NO.
KSPCB/TV/ICO/10058470/2024, ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 07/10/2024, WHICH IS
VALID UPTO 27/10/2024
Exhibit P4(a) TRUE COPY RECEIPT DATED 12/02/2024, ISSUED BY THE 5 TH
RESPONDENT KERALA STATE POLLUTION CONTROL BOARD
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO. 400222/RPTL20/GPO/2024/1100 DATED 08/10/2024, WHICH
IS VALID UPTO 27/10/2024 ISSUED BY THE 6 TH RESPONDENT
Exhibit P5(a) TRUE COPY OF THE RECEIPT DATED 01/04/2024 ISSUED FROM
THE OFFICE OF THE 6 TH RESPONDENT
Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT DATED 17/10/2024,
WHICH IS VALID UPTO 26/10/2024
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 30/09/2023, PASSED
BY THIS HON'BLE COURT IN WP(C) NO.32110/2023
Exhibit P8 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P9 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING
PLAN WITH THE ENDORSEMENT APPROVED ON 09/02/2024
Exhibit P11 TRUE COPY OF THE OM. DATED 28/04/2023 ISSUED BY 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 V. MOEF & CC
Exhibit P13 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
DATED 22-04-2024 SUBMITTED BY THE PETITIONER
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 22/05/2024 PASSED
BY THIS HON,BLE COURT IN WP(C) NO.18399/2024,
Exhibit P16(a) TRUE COPY OF THE INTERIM ORDER DATED 15/10/2024 PASSED
BY THIS HON'BLE COURT IN WP(C) NO.18399/2024,
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 O.M DATED 14/10/2024 ISSUED BY THE
MOEF
