Kerala High Court
Sakeer Hussain vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.46092/2024 1/6 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. 46092 OF 2024
PETITIONER:
SAKEER HUSSAIN, AGED 54 YEARS, KAVUVILA VEEDU, KOONANVENGA P.O,
VAYYAKAVU, THIRUVANANTHAPURAM, PIN - 695568
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
THIRUVANANTHAPURAM, 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, 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 PLAMOOD, PATTOM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN -
695001
7. THE SECRETARY, PANAVOOR GRAMA PANCHAYAT, PANAVOOR P.O,
THIRUVANANTHAPURAM, PIN - 695568
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 and effect of ext.p20 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.p20. 2) stay the operation and effect of ext.p21 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) 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; 4) 7th respondent to renew license for
the period applied for, provisionally, without insisting for any
reappraisal of environmental clearance as a condition precedent; 5) 1st
respondent to issue quarry permit, without insisting for any reappraisal
of environmental clearance as a condition precedent.
WP(C) No.46092/2024 2/6 Order Date : 19-02-2025
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 petitioners, M/S JELSON J.EDAMPADAM & M.FATHAHUDEE Advocates for R7,
the court passed the following:
WP(C) No.46092/2024 3/6 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.46092/2024 4/6 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.46092/2024 5/6 Order Date : 19-02-2025
APPENDIX OF WP(C) 46092/2024
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 11/03/2024,
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE LICENSE
DATED 14/06/2024, FOR A PERIOD UPTO 31/03/2027, ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 14/04/2024, VALID UPTO 27/10/2024
EXHIBIT P3(a) TRUE COPY OF THE ONLINE APPLICATION RECEIPT TAKEN FROM
THE ONLINE PORTAL OF THE 6TH RESPONDENT DATED
19/12/2024
EXHIBIT P4 TRUE COPY OF THE LICENSE DATED 12/05/2020, WHICH IS
VALID UPTO 14/07/2020, ISSUED BY THE SECRETARY,
PANAVOOR GRAMA PANCHAYAT
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE
OFFICE OF THE 7TH RESPONDENT DATED 02/07/2024
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 05/07/2024 ISSUED
BY THE 7TH RESPONDENT
EXHIBIT P6(a) TRUE COPY OF THE COMMUNICATION ISSUED BY THE 7TH
RESPONDENT DATED 05/07/2024 BEARING NO. JC-1975/2024
EXHIBIT P6(b) TRUE COPY OF THE COMMUNICATION DATED 15/07/2024 ISSUED
BY THE 7TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 07/12/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P7(a) TRUE COPY OF S.O.NO.221(E), DATED 18/01/2021, ISSUED BY
THE MOEF
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 1ST QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 15/07/2019 FOR A PERIOD UPTO
14/07/2020
EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE MODIFIED MINING
PLAN WITH THE ENDORSEMENT "APPROVED" BY THE 1ST
RESPONDENT DATED 01/04/2024
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.1102/2023 DATED 18/01/2023
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN WP(C) NO.14565/2024 DATED 12/06/2024
EXHIBIT P13(a) TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN WP(C) NO.3254/2023 DATED 27/03/2023
EXHIBIT P14 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P15 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 P16 TRUE COPY OF THE SOP DATED 15/01/2024 ISSUED BY THE
MOEF
EXHIBIT P17 TRUE COPY OF THE O.M., DATED 15/03/2024 ISSUED BY THE
MOEF
WP(C) No.46092/2024 6/6 Order Date : 19-02-2025
EXHIBIT P18 TRUE COPY OF THE LETTER DATED 12/07/2024, ISSUED BY THE
1ST RESPONDENT
EXHIBIT P19 TRUE COPY OF THE NOTICE DATED 21/08/2024, ISSUED BY THE
6TH RESPONDENT
EXHIBIT P20 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P21 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P22 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024
EXHIBIT P23 TRUE COPY OF THE SCREENSHOT SHOWING THE SUBMISSION OF
APPLICATION FOR REAPPRAISAL AND PROPOSAL STATUS DATED
03/12/2024
EXHIBIT P24 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.42579/2024, DATED 02/12/2024
EXHIBIT P25 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
