Kerala High Court
Jovin George vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38623/2024 1/4 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. 38623 OF 2024
PETITIONER:
JOVIN GEORGE, AGED 39 YEARS, MADATHINAMATTATHIL HOUSE, PALISSERI,
THALASSERY P.O, THALASSERY VILLAGE, KANNUR, PIN - 670101
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, PIN
- 670002
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
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 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;
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.38623/2024 2/4 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.38623/2024 3/4 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.38623/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 38623/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 05/09/2018
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 19/05/2018, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SE/KL/22/18(E85231), DATE OF
RENEWAL 15/03/2024, FOR A PERIOD UPTO 31/03/2029 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 29/06/2022, VALID UPTO
31/05/2027, BEARING FILE NO. KSPCB/KN/ICO/10005886/2022
Exhibit P5 TRUE COPY OF THE LICENSE, DATED 12/04/2021, ISSUED BY
THE SECRETARY, TRIPRANGOTTOOR GRAMA PANCHAYAT, VALID UP
TO 31/03/2026
Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF
MINING, WITH THE ENDORSEMENT APPROVED ON 24/08/2023 AND
SHOWING THE MINEABLE RESERVES
Exhibit P8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P9 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WP(C) NO. 12837/2023 AND CONNECTED CASE W.P.(C)
NO.12952/2023, DATED 27/09/2024
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11 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 P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
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 CURRENT MOVEMENT PERMIT ISSUED BY THE
1ST RESPONDENT DATED 20/09/2024, FOR A PERIOD UPTO
03/11/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P19 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL,SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 26/11/2024
