Kerala High Court
M/S Hanna Rock Products (P) Ltd vs The Geologist on 19 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.7913/2024 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. 7913 OF 2024
PETITIONER:
M/S HANNA ROCK PRODUCTS (P) LTD., KOCHUKUDIYIL, SOUTH MARADY.P.O,
MUVATTUPUZHA,ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 686673.
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, OFFICE OF MINING & GEOLOGY, SEAPORT
- AIRPORT RD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KOCHI, KERALA,
PIN - 682030.
2. THE DIRECTOR MINING AND GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P O, TRIVANDRUM, PIN - 695004.
3. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN-695001.
5. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE CHANGE, INDIRA
PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS
DIRECTOR, PIN - 110993.
6. 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 direct the respondent to issue movement permits under rule 25
and transit passes under 26, of the kerala minerals (prevention of illegal
mining, storage and transportation) rules, 2015, to the petitioner, for
the approved quantities and beyond 15/03/2024, by extending the benefit of
s.o 1807 (e), dated 12/04/2022, 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 and of SMT.P.VANDANA, CENTRAL GOVERNMENT COUNSEL for R5 &
R6, the court passed the following:
WP(C) No.7913/2024 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
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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.7913/2024 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.7913/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 7913/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN PETITIONER AND THE SENIOR GEOLOGIST,
DATED 13/09/2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE BEARING NO. 1168/EC/SEIAA/KL/2017 DATED
17/03/2018 VALID UPTO 16/03/2023 ISSUED BY THE 4 TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE MINING PLAN, WITH THE ENDORSEMENT
"APPROVED" DATED 14/11/2017, BY THE 1 ST RESPONDENT AND
SHOWING THE MINEABLE RESERVES
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 34 TH
MEETING OF THE 4 TH RESPONDENT DATED 31/10/2014
Exhibit P5 TRUE COPY OF S.O.221(E), DATED 18.01.2021,
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/1052(E48857), WHICH IS
VALID FROM 06/02/2020 FOR A PERIOD UPTO 31/03/2025,
ISSUED BY THE DY. CHIEF. CONTROLLER OF EXPLOSIVES,
ERNAKULAM
Exhibit P7 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD, DATED 30/01/2024,
VALID UPTO 12/09/2028, BEARING FILE NO.
KSPCB/ER2/ICO/10056684/VAR/2024
Exhibit P8 TRUE COPY OF THE LICENSE BEARING NO. 01/2024-25 ISSUED
BY THE SECRETARY, ARAKUZHA GRAMA PANCHAYAT, DATED
15/02/2024, WHICH IS VALID FROM 16/03/2024 TO
31/03/2025
Exhibit P9 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
ERN/QL/2018/100/MP- 12/2024/86906 DATED 11/02/2024 FOR
A PERIOD UPTO 15/03/2024
Exhibit P10 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P10(a) TRUE COPY OF THE SCHEME OF MINING WITH ENDORSEMENT
"APPROVED" ON 24/04/2023 AND SHOWING MINEABLE RESERVES
Exhibit P10(b) TRUE COPY OF THE LETTER ISSUED BY THE 1 ST RESPONDENT
DATED 12/01/2024
Exhibit P11 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.35855/2022 AND W.P.(C) NO.35871/2022,
DATED 20-12-2022
Exhibit P12 TRUE COPY OF THE G.O NO. 1257/2023/1D DATED 14/12/2023,
Exhibit P13 TRUE COPY OF THE CIRCULAR ISSUED BY THE POLLUTION
CONTROL BOARD DATED 05/02/2024
Exhibit P14 TRUE COPY OF THE SCREEN SHOT TAKEN FROM THE OFFICIAL
PORTAL OF THE 1 ST RESPONDENT SHOWING THE VALIDITY OF
ENVIRONMENTAL CLEARANCE, DATED NIL
Exhibit P15 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.14635/2022, DATED 08/06/2022,
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP( C) NO. 479/2024 DATED 08/01/2024
