Kerala High Court
M/S. New Galaxy Metals vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.44332/2024 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. 44332 OF 2024
PETITIONER:
M/S. NEW GALAXY METALS ADAKKAPUTHUR P.O., CHERPULASSERI,
PALAKKAD,REPRESENTED BY ITS MANAGING PARTNER M.K SALIM, PIN - 679503
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
PALAKKAD, PIN - 678014
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 KENATHUPARAMBU, KUNNATHURMEDU,
PALAKKAD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER., PIN - 678001
6. 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 and effect of Ext.p20 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.p20. 2) stay the operation and effect of ext.p21 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) 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; 4) 1 st respondent to issue quarry
permit, without insisting for any reappraisal of environmental clearance
as a condition precedent.
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 petitioners the court passed the following:
WP(C) No.44332/2024 2/5 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.44332/2024 3/5 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.44332/2024 4/5 Order Date : 19-02-2025
APPENDIX OF WP(C) 44332/2024
EXHIBIT P1. TRUE COPY OF THE LETTER OF INTENT DATED 04/12/2024,
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE LICENSE
DATED 26/03/2024, FOR A PERIOD UPTO 31/03/2025, ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 09/09/2023, VALID UPTO 24/06/2024,
EXHIBIT P4. TRUE COPY OF THE ONLINE APPLICATION RECEIPT ISSUED FROM
THE OFFICE OF THE 5TH RESPONDENT DATED 04/12/2024
EXHIBIT P5. TRUE COPY OF THE LICENSE DATED 01/04/2024, WHICH IS
VALID UPTO 20/06/2024 ISSUED BY THE SECRETARY,
VELLINEZHI GRAMA PANCHAYAT
EXHIBIT P6. TRUE COPY OF THE RECEIPT DATED 11/03/2024 ISSUED FROM
THE OFFICE OF THE VELLINEZHI GRAMA PANCHAYAT PALAKKAD,
SHOWING THE REMITTANCE OF RS.7,500 TOWARDS RENEWAL FEE
FOR THE PERIOD 2024-2025
EXHIBIT P7. RUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 07/10/2017 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P8. TRUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBIT P9. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBIT P10. TRUE COPY OF THE 1ST QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 08/12/2021
EXHIBIT P11. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 33542/2022 DATED 21/10/2022,
EXHIBIT P12. TRUE COPY OF THE PROCEEDINGS DATED 17/05/2023 ISSUED BY
THE 1ST RESPONDENT
EXHIBIT P13. TRUE COPY OF THE 2ND QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 21/06/2023, WHICH IS VALID UPTO
20/06/2024
EXHIBIT P14. TRUE COPY OF THE MOVEMENT PERMIT DATED 18/05/2024,
WHICH IS VALID UPTO 20/06/2024,
EXHIBIT P15. TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED
MODIFIED MINING PLAN ALONG WITH THE COVERING LETTER
ISSUED BY THE 1ST RESPONDENT DATED 27/11/2024
EXHIBIT P16. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P17. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022 IN 0.A.N0.142/2022 IN
JAYANTH KUMAR V. MOEF & CC
EXHIBIT P18. TRUE COPY OF THE SOP DATED 15/01/2024 ISSUED BY THE
MOEF
EXHIBIT P19. TRUE COPY OF THE O.M., DATED 15/03/2024 ISSUED BY THE
MOEF,
EXHIBIT P20. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P21. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
WP(C) No.44332/2024 5/5 Order Date : 19-02-2025
EXHIBIT P22. TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024,
EXHIBIT P23. TRUE COPY OF THE SCREENSHOT SHOWING THE SUBMISSION OF
APPLICATION FOR REAPPRAISAL AND PROPOSAL STATUS DATED
30/11/2024,
EXHIBIT P24. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.42579/2024, DATED 02/12/2024
EXHIBIT P25. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
