Kerala High Court
M/S Penta Granites vs The Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.36597/2024 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. 36597 OF 2024
PETITIONER:
M/S PENTA GRANITES, NEETHIPURAM,ELAVAMPADAM P.O,ALATHUR, PALAKKADU
DISTRICTREPRESENTED BY ITS MANAGING PARTNER JOSHY P.J, PIN - 678684
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE 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. 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.p15 judgment 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.p15 judgment; 2) 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;
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, SRI. ACHUTH KRISHNAN R. Advocate for R5, the court passed the
following:
WP(C) No.36597/2024 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.36597/2024 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.36597/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 36597/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 01/12/2017
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO. E/2703/16/DEIAA
DATED 07/10/2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/503(E8198), DATE OF
RENEWAL 05/02/2020, FOR A PERIOD UPTO 31/03/2025 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 19/08/2023, VALID UPTO
06/10/2028, BEARING FILE NO. KSPCB/PL/ICO/10037839/2023
Exhibit P5 TRUE COPY OF THE LICENSE, ISSUED BY THE KIZHAKANCHERRY
GRAMA PANCHAYAT, DATED 01/04/2024, WHICH IS VALID UP TO
31/03/2025
Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 30952/2022, DATED 28/09/2022
Exhibit P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 02/04/2024,
WHICH IS VALID UPTO 27/10/2024
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH
KUMAR V. MOEF & CC
Exhibit P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF O.M DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
DATED 10/01/2024 SUBMITTED BY THE PETITIONER FOR
REAPPRAISAL
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
