Kerala High Court
Sajeev M. A vs The District Geologist , Office Of on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38528/2024 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. 38528 OF 2024
PETITIONER:
SAJEEV M. A, AGED 43 YEARS, S/O. ABDULKHADER' MUNDETH HOUSE,
KALADY. P. O' MEKALADY, ERNAKULAM, PIN - 683574
RESPONDENT:
1. THE DISTRICT GEOLOGIST , OFFICE OF THE DISTRICT GEOLOGIST
MALAPPURAM MINI CIVIL STATION, MANJERI, MINING & GEOLOGY DEPARTMENT
MALAPPURAM , PIN - 676121
2. THE DIRECTOR, MINING & GEOLOGY DEPARTMENT DIRECTORATE
KESAVADASAPURAM ,PATTOM PALACE P.O. THIRUVANANTHAPURAM, PIN - 695004
3. STATE OF KERALA , REPRESENTED BY ITS SECRETARY INDUSTRIES DEPARTMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) , REPRESENTED
BY ITS MEMBER SECRETARY 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
5. MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTOR, PIN -
110993
6. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE MANJERI,
MALAPPURAM REPRESENTED BY ITS ENVIRONMENTAL ENGINEER , PIN - 676505
rit 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 stay the operation of Ext. p12 to the extent it directs that,
the mining by the quarry operators 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. p12 judgment. 2) stay the operation of ext. p13 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 6th respondent to renew consent to operate for the period
applied for, provisionally, without insisting for any reappraisal of
environmental clearance as a condition precedent, 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
SRI.K.J.MANU RAJ Advocate for the petitioner, the court passed the
following:
WP(C) No.38528/2024 2/4 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.38528/2024 3/4 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.38528/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 38528/2024
Exhibit P 1 TRUE COPY OF RELEVANT PAGES ENVIRONMENTAL CLEARANCE
ISSUED BY DEIAA DATED 9.2.2018
Exhibit P 2 TRUE COPY OF THE LICENCE ISSUED BY THE KONDOTTY
MUNICIPALITY DATED 1.4.2024
Exhibit P 3 TRUE COPY OF THE PROCEEDINGS OF THE ADDITIONAL DIRECTOR
OF MINING & GEOLOGY THIRUVANANTHAPURAM DATED 17.5.2019
Exhibit P 4 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING
OF THE PETITIONER APPROVED BY THE 1ST RESPONDENT DATED
3.10.2024
Exhibit P 5 TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED,
18/01/2021
Exhibit P 6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P 7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.[C ] NO. 2053 OF 2023 DATED 7.2.2023
Exhibit P 8 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P 9 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.Α.Νο. 142/2022 IN
JAYANTH KUMAR V. MOEF & CC
Exhibit P 10 TRUE COPY OF THE SOP DATED 15.1.2024 ISSUED BY THE MOEF
Exhibit P 11 TRUE COPY OF THE O.M. DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF OM DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P 12 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P 13 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P 14 A TRUE COPY OF THE INTERIM ORDER DATED 24.10.2024 IN
W.P. [C ]NO. 36597 OF 2024
