Kerala High Court
Mannarkkad Taluk Karinkal Quarry ... vs The Geologist on 19 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.3758/2024 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. 3758 OF 2024
PETITIONER:
MANNARKKAD TALUK KARINKAL QUARRY OPERATORS VYAVASAYA SAHAKARANA
SANGAM LTD.,NO.SIND(P)179 PALAKKAD DISTRICT, REPRESENTED BY ITS
PRESIDENT, SHRI.C.H.SAKKARIA, PIN-678582
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
SULTANPET, PALAKKAD, KERALA, PIN-678001
2. THE DIRECTOR OF MINING AND GEOLOGY PATTOM PALACE P O, TRIVANDRUM,
PIN-695004
3. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
4. KERALA STATE POLLUTION CONTROL BOARD KENATHUPARAMBU, KUNATHURMED,
PALAKKAD, KERALA- REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
PIN-678001
5. THE SECRETARY, THACHANATTUKARA GRAMA PANCHAYAT, PALODE P.O,
PALAKKAD, KERALA, PIN-678583
6. THACHANATTUKARA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY PALODE
P.O, PALAKKAD, KERALA, PIN-678583
7. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) 4
TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MEMBER SECRETARY, PIN-695001
8. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR,
PIN-110993
9. UNION OF INDIA, MINISTRY OF MINES, 3 RD FLOOR, A WING, SHASTRI
BHAVAN, NEW DELHI-REPRESENTED BY ITS SECRETARY, PIN-110001
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) direct the 4 th respondent to consider Ext.P6 application
and renew consent to operate to the petitioner for the period applied for,
provisionally, by extending the benefit of s.o.1807(e), dated 12-4-2022
(ext.p13), pending disposal of the above writ petition, forthwith, 2)
direct the 5 th respondent to renew license for the applied period
provisionally, by extending the benefit of ext.p13; 3) direct the 1 st
respondent to issue movement permits, under rule 25 and transit passes
under rule 26 of the kerala minerals (prevention of illegal mining,
storage and transportation) rules, 2015, for the entire approved
quantities for the period 2023-2024 by extending the benefit of ext. p13;
WP(C) No.3758/2024 2/5 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 petitioner and SRI. MUHAMMED SHAFI.M, Advocate for R5 & R6 and SRI.
K.S.PRENJITH KUMAR, CENTRAL GOVERNMENT COUNSEL for R8 & R9, the court
passed the following:
WP(C) No.3758/2024 3/5 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.3758/2024 4/5 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.3758/2024 5/5 Order Date : 19-02-2025
APPENDIX OF WP(C) 3758/2024
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT DATED 25/03/2023 FOR
A PERIOD UPTO 13/03/2024
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY
DEIAA DATED 29/11/2018 FOR A PERIOD OF 5 YEARS
Exhibit P3 TRUE COPY OF THE MINING PLAN WITH ENDORSEMENT
"APPROVED" ON 20/06/2018 AND SHOWING THE MINEABLE
RESERVES,
Exhibit P4 TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE JOINT
CHIEF CONTROLLER OF EXPLOSIVES DATED 18/05/2023 FOR A
PERIOD OF 31/03/2024
Exhibit P5 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE 4 TH
RESPONDENT DATED 24/12/2018 FOR A PERIOD UPTO
28/11/2023
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
SUBMITTED BEFORE THE 4 TH RESPONDENT FOR RENEWAL OF
CONSENT DATED NIL
Exhibit P6(a) TRUE COPY OF THE PAYMENT RECEIPT DATED 12/01/2024
SHOWING THE REMITTANCE OF RS.14400/- TOWARDS FEE,
ISSUED BY THE 4 TH RESPONDENT
Exhibit P7 TRUE COPY OF THE LICENSE ISSUED BY THE 5 TH RESPONDENT
DATED 01/01/2019 FOR A PERIOD UPTO 31/12/2023
Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 5 TH
RESPONDENT, ALONG WITH THE ACKNOWLEDGMENT RECEIPT DATED
23/01/2024,
Exhibit P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 13/11/2023 FOR A
PERIOD UPTO 28/11/2023
Exhibit P10 TRUE COPY OF S.O.221 (E), DATED 18.01.2021 ISSUED BY
THE 7 TH RESPONDENT MOEF
Exhibit P11 TRUE COPY OF THE FLASH MESSAGE GENERATED IN THE
OFFICIAL PORTAL OF SEIAA DATED NIL
Exhibit P12 TRUE COPY OF THE JUDGMENT PASSED IN W.P.(C) 18285/2022
DATED17/06/2022
Exhibit P12(a) TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT R.P
NO.1024/2023 DATED 13/10/2023
Exhibit P13 TRUE COPY OF S.O.NO.1807 (E), DATED 12-4-2022
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION TAKEN
BY THE 7 TH RESPONDENT, AS ITEM NO.127.37 IN ITS 127 TH
MEETING HELD ON 30 TH AND 31 ST MAY, 2023
Exhibit P15 TRUE COPY OF THE O.M., WHICH IS REFERRED TO IN EXT.P14
MINUTES DATED 28-4- 2023,
Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7- 12-2022,
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P. NO.14635/2022 DATED 08-06-22
Exhibit P18 TRUE COPY OF AN INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.33105/2023 DATED 11/10/2023
