Kerala High Court
Sri. Ayoobkhan vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.39391/2024 1/5 Order Date : 19-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Wednesday, the 19th day of February 2025 / 30th Magha, 1946
WP(C) NO. 39391 OF 2024
PETITIONER:
SRI. AYOOBKHAN, AGED 41 YEARS KIZHISSERI HOUSE, VELIYANCHERRY P.O.,
MALAPPURAM DISTRICT, REPRESENTED BY HIS CONSENT HOLDER SRI. SWAROOP
RAJAN, PIN - 679326
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
MALAPPURAM, PIN - 676517
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, SECRETARIATE, 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. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
PERINTHALMANNA ROAD, MALAPPURAM, REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER, PIN - 676505
6. THE SECRETARY, EDAPATTA GRAMA PANCHAYAT, EDAPATTA, MALAPPURAM, PIN -
679326
7. 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 direct:- 1) stay the operation of ext.p14 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.p14. 2) stay the operation of ext.p15 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 5th respondent, to extend the
validity of consent for the period applied for, provisionally, without
insisting for any reappraisal of environmental clearance as a condition
precedent; 5) direct the 6th respondent, to renew license for the period
applied for, provisionally, without insisting for any reappraisal of
environmental clearance as a condition precedent.
This petition coming on for orders upon perusing the petition and
WP(C) No.39391/2024 2/5 Order Date : 19-02-2025
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.39391/2024 3/5 Order Date : 19-02-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C) Nos. 5334/2025, 32922/2024, 44547/2024,
46092/2024, 424/2025, 653/2025, 842/2025, 847/2025,
4672/2025, 7489/2024, 7646/2024, 35102/2024,
35316/2024, 36318/2024, 36338/2024, 36376/2024,
36479/2024, 36597/2024, 36737/2024, 37184/2024,
37200/2024, 37332/2024, 37504/2024, 37510/2024,
37841/2024, 37999/2024, 38083/2024, 38180/2024,
38195/2024, 38236/2024, 38333/2024, 38335/2024,
38380/2024, 38432/2024, 38452/2024, 38456/2024,
38501/2024, 38528/2024, 38623/2024, 38663/2024,
38669/2024, 38671/2024, 38809/2024, 38838/2024,
38863/2024, 39078/2024, 39124/2024, 39207/2024,
39214/2024, 39391/2024, 39452/2024, 39480/2024
39617/2024, 39745/2024, 39749/2024, 39773/2024,
39786/2024, 39804/2024, 39869/2024, 39977/2024,
40022/2024, 40038/2024, 40050/2024, 40172/2024,
40258/2024, 40311/2024, 40361/2024, 43510/2024,
42579/2024, 42685/2024, 43486/2024, 40768/2024,
40755/2024, 40763/2024, 40750/2024, 42428/2024,
40760/2024, 40757/2024, 40758/2024 , 41719/2024,
41517/2024, 44332/2024,45479/2024, 45920/2024,
46185/2024 & 46202/2024.
Dated this the 19th day of February, 2025
--------------------------------------------
ORDER
When the case is taken up today, the counsel for the
SEIAA submitted that he has been instructed to submit that
where the completion of the application becomes impossible
for the reason that certain queries cannot be answered, all
WP(C) No.39391/2024 4/5 Order Date : 19-02-2025
W.P.(C) No. 5334/2025 & Con.Cases
that is to be done is to make an entry 'Nil' and the portal
will permit further entries to be filled up. This submission
is recorded. The officers who appeared through video
conferencing also confirmed the above aspect.
In the above circumstances, the petitioners may
complete the filling up of the reappraisal forms by entering
'Nil', with respect to those queries which cannot be
answered and proceed with the completion of the form. In
cases where there is already a rejection for non-supply of
details of ToR, the petitioners may approach the SEIAA and
it is submitted that necessary corrections can be done to
facilitate their completing the filling up of the reappraisal
form.
Post on 27.02.2025.
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) No.39391/2024 5/5 Order Date : 19-02-2025
APPENDIX OF WP(C) 39391/2024
Exhibit P1 TRUE COPY OF THE CONSENT GIVEN BY THE PETITIONER TO HIS
CONSENT HOLDER, DATED 21-09-2023
Exhibit P1(a) TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 12/02/2018
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.
DEIAA/MAL/EC/022/2017 DATED 01/12/2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE RENEWED
EXPLOSIVE LICENSE, BEARING NO. E/SC/KL/22/10(E84758)
VALID FROM 12/02/2024 UP TO 31/03/2028 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 13/05/2024, VALID UP TO 27/10/2024,
BEARING FILE NO. KSPCB/ MA/ ICO/10066797/VAR/2024
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, ISSUED
BY THE SECRETARY, EDAPPARA GRAMA PANCHAYAT, DATED
01/01/2024, WHICH IS VALID FROM 01/01/2021 TO
31/03/2024
Exhibit P5(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DATED 07/03/2024
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 O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P8(a) 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 P9 TRUE COPY OF THE INTERIM ORDER DATED 21.12.2023 PASSED
BY THIS HON. COURT IN W.P (C) NO. 43034 OF 2023
Exhibit P10 TRUE COPY OF THE MOVEMENT PERMIT DATED 11/03/2024
Exhibit P11 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P12 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 01.04.2024 PASSED
BY THIS HON'BLE COURT IN W.P (C) NO. 12957/2024
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P15 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
