Kerala High Court
Kakkara Crushers (Pvt) Ltd vs The District Geologist on 19 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.33243/2023 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. 33243 OF 2023
PETITIONER:
KAKKARA CRUSHERS (PVT) LTD., KAKKARA P.O., KOOTHAMBALAM,
MATHAMANGALAM (VIA), KANNUR, REPRESENTED BY ITS MANAGING DIRECTOR
SHRI. K.F. VARGHESE, PIN-670303
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002
2. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN -695004
3. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, K.S.R.T.C BUS
TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, 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 direct the 1st respondent to issue movement permits, for total
5 years by recognizing the date of commencement of Exhibit P1 EC as the
date of Exhibit P5, during the pendency of the above writ petition
(civil).
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. SARITHA THOMAS, PAVAN
ROSE JOHNSON, ALEN J. CHERUVIL & SAHL ABDUL KADER, Advocates for the
petitioner the court passed the following:
WP(C) No.33243/2023 2/4 Order Date : 19-02-2025
T.R.RAVI.J
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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.33243/2023 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.33243/2023 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 33243/2023
Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
05/01/2018 BEARING NO. 83/2017.
Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.
E/SE/KL/22/233 (E105637) DATED 11/04/2019.
Exhibit P3 TRUE COPY OF THE CONSENT BEARING NO.
PCB/KNR/ICO/OC/18/2018 DATED 23/12/2020ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P4 TRUE COPY OF THE TRADE LICENCE BEARING NO.
538/2021-2022/A-8/5272/2020 DATED 11/12/2020
Exhibit P5 TRUE COPY OF THE MINING LEASE DATED 04/01/2022 ISSUED
TO THE PETITIONER FROM 06/01/2022 TO 05/01/2032 TRUE
COPY OF THE MINING LEASE.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING
PLAN DATED 06/11/2017.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 OF THIS
HON'BLE COURT IN MATHEW ABRAHAM V. STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY REPORTED IN 2020(6) KLT
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 ISSUED
BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE
CHANGE.
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING
NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST & CLIMATE CHANGE.
Exhibit P10 RUE COPY OF CIRCULAR DATED 04/05/2022 IF THE STATE
POLLUTION CONTROL BOARD.
Exhibit P11 TRUE COPY OF THE ORDER DATED 21/06/2022 IN W.P.(C) NO.
19945/2022 OF THIS HON'BLE COURT..
Exhibit P12 TRUE COPY OF THE ORDER IN W.P.(C) NO. 36704/2022 DATED
17/11/2022 OF THIS HON'BLE COURT.
