Kerala High Court
K. Mohanakumar vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.40050/2024 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. 40050 OF 2024
PETITIONER:
K. MOHANAKUMAR, AGED 61 YEARS, PROPRIETOR OF SREESHASTHA BLUE
METALS, KOTTAKKKAL P.O, PALIYODE, NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN-695508
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND 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. KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, PLAMOODU JN.,
PATTOM P.O., THIRUVANANTHAPURAM- REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER,, PIN-695004
6. THE SECRETARY, KUNNATHUKAL GRAMA PANCHAYAT KUNNATHUKAL, KARAKKONAM
P.O THIRUVANANTHAPURAM, PIN-695504
7. 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 direct:- 1) stay the operation of ext.p13 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.p13. 2) stay the operation of ext.p14 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. 4) direct the 5 th respondent, to renew consent
to operate for the period applied for, provisionally, without insisting
for any reappraisal of environmental clearance as a condition precedent;
5) direct the 6 th respondent, to extend the validity of license for the
period applied for, provisionally, without insisting for any reappraisal
WP(C) No.40050/2024 2/5 Order Date : 19-02-2025
of environmental clearance as a condition precedent;
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06-02-2025 and upon hearing the arguments of M/S. PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner and SRI.
SUMAN CHAKRAVARTHY STANDING COUNSEL, for R6 and of SRI.
K.S.SHAIJU, CENTRAL GOVERNMENT COUNSEL for R7, the court passed the
following:
WP(C) No.40050/2024 3/5 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.40050/2024 4/5 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.40050/2024 5/5 Order Date : 19-02-2025
APPENDIX OF WP(C) 40050/2024
EXHIBIT P1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 01/01/2020
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 07/12/2018, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
EXHIBIT P3. TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, DATE OF RENEWAL 09/02/2021, FOR A PERIOD UPTO
31/03/2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT
VARIATION ORDER ISSUED BY THE 5™ RESPONDENT, DATED
09/06/2023
EXHIBIT P5. RUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED NIL
EXHIBIT P6. TRUE COPY OF THE LICENSE, ISSUED BY THE 6TH RESPONDENT,
DATED 01/04/2024 TO 30/11/2024,
EXHIBIT P6(a). TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE
6" RESPONDENT DATED 30/03/2024
EXHIBIT P7. TRUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
EXHIBIT P8. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBIT P9. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P10. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.N0.142/2022
EXHIBIT P11. TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBIT P12. TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
EXHIBIT P13. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022 DATED 08.08.2024
EXHIBIT P14. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBITP15. TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL DATED 13/09/2024,
Exhibit P16. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 24/10/2024
EXHIBIT P17. TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 36737/2024,
DATED 07/11/2024
Exhibit P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 31874/2024, DATED 10/09/2024
Exhibit P19. RUE COPY OF THE MOVEMENT PERMIT DATED 29/10/2024 WHICH
IS VALID UPTO 07/11/2024
