Kerala High Court
P.K.Sainudheen vs Union Of India on 19 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.5198/2024 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. 5198 OF 2024
PETITIONER:
P.K.SAINUDHEEN, AGED 62 YEARS, PANAMBRA KOTTAPARAMBATH HOUSE,
CHERUKAVU, AYIKKARAPADI P.O., MALAPPURAM DISTRICT, PIN - 673637.
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARANBHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS
SECRETARY, PIN-110993
2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3. DIRECTOR OF MINING & GEOLOGY MINING & GEOLOGY DIRECTORATE, PATTOM
PALACE P.O., TRIVANDRUM, PIN - 695004.
4. DISTRICT GEOLOGIST MINING & GEOLOGY DEPARTMENT, MINI CIVIL STATION,
MANJERI, MALAPPURAM, PIN - 676121.
5. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001.
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 stay the operation of ext.p9, p13 and p14, till the disposal of
the above writ petition. for the reasons stated in the writ petition and
in the accompanying affidavit it is most humbly prayed that this hon'ble
court may be pleased to direct the respondents not to interfere with the
quarrying operations of this petitioner beyond 28/4/2024, for want of
reappraisal of its environmental clearance.
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 and of SRI.VISHNU RAJAGOPAL, CENTRAL GOVERNMENT COUNSEL for
R1, the court passed the following:
WP(C) No.5198/2024 2/4 Order Date : 19-02-2025
T.R.RAVI.J
-------------------------------------------------------
WP(C) Nos.23150/2023, 24651/2023, 20454/2023, 24415/2023,
1483/2023, 24292/2023, 25940/2023, 22689/2023, 20763/2023,
23092/2023, 34423/2023, 30679/2022, 30948/2022, 28092/2022,
4640/2024, 7763/2024, 8746/2024, 5714/2024, 9771/2024,
15702/2024 , 32545/2023, 35764/2023, 31513/2023, 25208/2023,
23808/2024, 22785/2023, 5091/2024, 10493/2024, 12496/2024,
29463/2023, 28683/2023, 27864/2023, 26430/2023, 20597/2023,
16933/2023, 34489/2022, 23309/2023, 41698/2022, 18280/2022,
5618/2023, 26690/2023, 5877/2023, 22497/2022, 20610/2023,
7913/2024, 8289/2024, 6220/2024, 11873/2024, 12765/2024,
14635/2022, 17295/2022, 18517/2022, 18661/2022, 19043/2022,
19160/2022, 19551/2022, 23687/2022, 24175/2022, 25721/2022,
25905/2022, 26121/2022, 30952/2022, 30954/2022, 31651/2022,
31717/2022, 2053/2023, 33243/2023, 3758/2024, 4878/2024,
5198/2024, 5563/2024, 7516/2024, 9594/2024, 13737/2024,
21091/2024, 22734/2024, 26136/2022, 42123/2022, 12957/2024,
21543/2023, 23685/2023, 24919/2023, 27182/2023, 28218/2023,
28223/2023, 30474/2024, 18053/2023, 8639/2023, 4900/2023,
32755/2022, 14264/2022, 34722/2022, 30518/2023, 32798/2023,
4656/2024, 41139/2023, 7080/2024, 5162/2023, 30027/2024,
14936/2024, 15677/2024, 5199/2025, 5438/2025 & WP(C)
No.40727/2024
--------------------------------------------------------
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 that is to be done is to make an entry 'Nil'
WP(C) No.5198/2024 3/4 Order Date : 19-02-2025
WP(C) NO.23150 of 2023 and conn.cases
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.5198/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 5198/2024
Exhibit P1 TRUE COPY OF THE NOTIFICATION BEARING NO.S.O.141(E),
DATED 15-1-2016 ISSUED BY THE 1 ST RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.SO.190(E) DT.20-1-2016
CONSTITUTING DEIAA AND DEAC
Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.27363/2017, IN PARISHITHY SAMRAKSHANA
JANAKEEYA SAMITHY V. SEIAA, WHICH IS REPORTED AS
2018(1) KLT 717
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.398/2018 DATED
28-2-2018
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE GRANTED TO THE PETITIONER, BEARING
NO.DEIAA/MAL/EC/015/2017, DT.1-12-2017
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN
APPROVED ON 29-3-2017
Exhibit P7 TRUE COPY OF THE NOTIFICATION BEARING NO.SO.221(E),
DATED 18-1-2021 ISSUED BY THE 1 ST RESPONDENT
Exhibit P8 TRUE COPY OF THE S.O.1807(E), DATED 12-4-2022 ISSUED BY
THE 1 ST RESPONDENT
Exhibit P9 TRUE COPY OF THE O.M, DATED 28-4-2023 ISSUED BY THE
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL (PRINCIPAL BENCH) DATED 13-9-2018 IN
O.A.NO.186/2016 (SATENDRA PANDEY V. MOEF & CC AND
ANOTHER)
Exhibit P11 TRUE COPY OF THE ORDER DATED 29-10-2018 ISSUED BY THE
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
Exhibit P12 TRUE COPY OF THE ORDER DATED 11-12-2018 PASSED BY THE
Exhibit 13 TRUE COPY OF THE ORDER DATED 7-12-2022 IN
O.A.NO.142/2022 IN JAYANTH KUMAR V. MOEF & CC
Exhibit P14 TRUE COPY OF THE O.M. DATED 3-11-2023 MINISTRY OF
ENVIRONMENT , FOREST AND CLIMATE CHANGE
