Kerala High Court
P.M. Adbul Rahiman vs The Geologist on 6 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.847/2025 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. 847 OF 2025
PETITIONER:
P.M. ADBUL RAHIMAN, AGED 45 YEARS , RAHMANIYA MANZIL, UDMA P.O.,
PALLIKKARA II VILLAGE, HOSDURG TALUK, KASARAGOD, PIN - 671319
RESPONDENT:
1. THE GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
KASARAGOD, PIN - 671123
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
6. KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER, MAM ARCADE, NEAR RAILWAY STATION,
KANHANGAD, KASARAGOD, PIN - 671315
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.p15 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.p15 ; 2) stay the operation of ext.p16 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. 8. 6 th respondent to extend
the validity of consent for the period applied for, without insisting for
any reappraisal of environmental clearance as a condition precedent,
provisionally, pending disposal of the above writ petition, forthwith; 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;
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 petitioner, the court passed the following:
WP(C) No.847/2025 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
--------------------------------------------------------
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.847/2025 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.847/2025 4/4 Order Date : 06-02-2025
APPENDIX OF WP(C) 847/2025
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1 ST
RESPONDENT, DATED 16/10/2018
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 05/07/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE
LICENSE, RENEWED ON 30/01/2020, FOR A PERIOD UPTO
31/03/2025, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE LICENSE, DATED 03/04/2024, ISSUED BY
THE SECRETARY, KODOM BELLUR GRAMA PANCHAYAT, WHICH IS
VALID FOR A PERIOD UPTO 31/03/2025
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 22/09/2024, VALID UPTO
09/10/2024,
EXHIBIT P6 TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF
RS.30000/-, DATED 05/08/2024 ISSUED FROM THE OFFICE OF
THE 6 TH RESPONDENT
EXHIBIT P6a TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED
26-12-2024 TAKEN FROM THE OFFICIAL PORTAL OF THE 6 TH
RESPONDENT
EXHIBIT P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
EXHIBIT P8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBIT P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 14/03/2024,
WHICH IS VALID UPTO 30/03/2024
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING
WITH THE ENDORSEMENT "APPROVED" ON 06/03/2023 AND
SHOWING THE MINEABLE RESERVES
EXHIBIT P11 TRUE COPY OF THE O.M. DATED 28-4-2023 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 V. 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
EXHIBIT P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P16 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P17 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024
EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.42579/2024, DATED 02/12/2024
EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
