Kerala High Court
M/S. K.P.M. Granites Industries Quarry vs The District Geologist on 19 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.40763/2024 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. 40763 OF 2024
PETITIONER:
M/S. K.P.M. GRANITES INDUSTRIES QUARRY VETTUKAD, PANNIYANKURISSI
POST, CHERUPLASSERY, PALAKKAD REPRESENTED BY ITS MANAGING PARTNER
SRI. MOOSAKUTTY, AGED 65 YEARS, S/O. MAMMUTTY HAJI, RESIDING AT
10/207, KOOLIPILAKKAL PALLIYALI, AR NAGAR PO, A.R. NAGAR VILLAGE,
TIRURANGADI, MALAPPURAM , PIN - 676305
RESPONDENTS:
1. THE DISTRICT GEOLOGIST PALAKKAD DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, PALAKKAD DISTRICT, PIN
- 678001
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO, THIRUVANANTHAPURAM , PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, 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 DISTRICT, PIN - 695001
5. UNION OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE,REPRESENTED BY ITS DIRECTOR, PARYAVARAN BHAVAN, NEW DELHI,
PIN - 110014
6. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS
CHAIRMAN, HEAD OFFICE, PATTOM PO, THIRUVANANTHAPURAM DISTRICT, PIN -
695004
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 : i) stay the operation of Ext. p14 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. p14 judgment. ii) to direct respondent nos. 1 & 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 final 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. T.P.SAJID, K.P.MOHAMED SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N.,
SREESHMA B. CHANDRAN, HASHARURAHIMAN U., MOHEMED FAVAS & MUHAMMED BILAL
K., Advocates for the petitioner, the court passed the following:
WP(C) No.40763/2024 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.40763/2024 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.40763/2024 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 40763/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 6/4/2018 WHICH IS VALID TILL
5/4/2028 UNDER THE TERMS OF RULE 43 OF THE KERALA MINOR
MINERAL CONCESSIONS RULES, 2015 AND IN COMPLIANCE OF
ARTICLE 299 OF THE CONSTITUTION OF INDIA
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA
HAVING EC NO. DIA/KL/PL/17/2017/2017 DATED 31/01/2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OFF THE EXPLOSIVE
LICENSE DATED 25/01/2024
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE DATED 01/12/2023 ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER SECTION 447 OF
THE PANCHAYAT RAJ ACT, 1994 BY THE VAZHAKKADU GRAMA
PANCHAYAT DATED 02/04/2024
Exhibit P6 TRUE COPY RECEIPT DATED 02/04/2022
Exhibit P7 TRUE COPY OF THE FIRST PAGE OF THE MINING PLAN
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 01/11/2022 PASSED
BY THIS HON'BLE COURT IN W.P.(C). NO. 34626/2022
Exhibit P9 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL DATED 07/12/2022 IN O.A. NO. 142/2022 IN
JAYANTH KUMAR VS. MOEF& CC
Exhibit P11 TRUE COPY OF THE SOP DATED 15/01/2024 ISSUED BY THE
MOEF
Exhibit P12 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 13/11/2024 IN
W.P.(C). NO. 40258/2024 OF THIS HON'BLE COURT
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024
Exhibit P15 TRUE COPY OF THE ORDER DATED 07/11/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
