Kerala High Court
M/S.Poabson Granites Products Private ... vs The Geologist, Department Of Mining ... on 19 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.20763/2023 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. 20763 OF 2023
PETITIONER:
M/S.POABSON GRANITES PRODUCTS PRIVATE LIMITED, AGED 73
YEARS, THELAKKAD P.O., PATTIKAD VIA, PERINTHALMANNA, MALAPPURAM
DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.A.ABRAHAM,
RESIDING AT KANNANKERIL HOUSE, KUTTOOR P.O., KUTTOOR VILLAGE,
THIRUVALLA TALUK IN PATHANAMTHITTA DISTRICT, PIN-689106
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING GEOLOGY, DISTRICT OFFICE, MINI
CIVIL STATION, MANJERI P.O., MALAPPURAM DISTRICT, PIN-676121
2. THE DIRECTOR OF MINING & GEOLOGY, KESAVADASAPURAM, PATTOM PALACE
P.O., THIRUVANANTHAPURAM, PIN-695004
3. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA, REPRESENTED
BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN-695001
4. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD, NEW DELHI, REPRESENTED BY
ITS SECRETARY, PIN-110003
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 respondents 1 and 2 to issue Movement Permits, under
Rule 25 and Transit Passes under Rule 26, of the Kerala Minerals
(Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 to
the petitioner, for the approved quantities, by extending the benefit of
the Notification under S.O.1807 (E) dated 12.04.2022 (Exhibit-P12),
pending disposal of the Writ Petition (Civil).
TThis 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
24.10.2024 and upon hearing the arguments of M/S. N.JAMES KOSHY, T.SANJAY
& ALEX ABRAHAM, Advocates for the petitioner and of SRI. VISHNU J.,CENTRAL
GOVERNMENT COUNSEL for the respondent 4, the court passed the following:
WP(C) No.20763/2023 2/4 Order Date : 19-02-2025
T.R.RAVI.J
-------------------------------------------------------
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
--------------------------------------------------------
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.20763/2023 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.20763/2023 4/4 Order Date : 19-02-2025
APPENDIX OF WP(C) 20763/2023
Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 25.04.2018
EXECUTED BETWEEN THE PETITIONER AND GOVERNOR OF KERALA
Exhibit2 P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.50/2017
ISSUED AS PER ORDER NO.946/SEIAA/ECI/4152/2015 DATED
16.08.2017 BY THE 3"* RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 17.11.2022 IN W.P.(C)
NO.36819/2022 OF THE HON'BLE HIGH COURT OF KERALA
Exhibit4 P4 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN WITH
THE ENDORSEMENT APPROVED BY THE 1ST RESPONDENT AND
SHOWING THE MINEABLE RESERVES DATED 07.07.2018 ISSUED
Exhibit P5 TRUE COPY OF THE S.0.221(E) DATED 18.01.2021 ISSUED BY
THE 4TH RESPONDENT
Exhibit P6 TRUE COPY OF THE OF THE EXPLOSIVE LICENCE
NO.E/SC/KL/22/10(E8569) DATED 12.05.1995, VALID UPTO
31.03.2025 5 ISSUED BY THE JOINT CHIEF CONTROLLER OF
EXPLOSIVE, SOUTH CIRCLE, CHENNAI TO THE PETITIONER
Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE AS PER CONSENT NO.PCB/MLPM/ICO-
CVO/7633/2022 DATED 27.07.2022, VALID UPTO 15.08.2023
ISSUED BY THE POLLUTION CONTROL BOARD
Exhibit P8 TRUE COPY OF THE LICENSE ISSUED BY THE VATTATHOOR GRAMA
PANCHAYAT DATED 27.04.2020 VALID UPTO 31.03.2025 FOR
OPERATING THE QUARRY OF THE PETITIONER
Exhibit P9 TRUE COPY OF THE LICENSE ISSUED BY THE VATTATHOOR GRAMA
PANCHAYAT DATED 27.04.2020 VALID UPTO 31.03.2025 FOR
OPERATING THE CRUSHER UNIT OF THE PETITIONER
Exhibit P10 TRUE COPY OF THE MOVEMENT PERMIT
NO.MAL/QL/2018/22/MP-43/2023/75832 DATED 29.04.2023
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
Exhibit P11 TRUE COPY OF THE LICENSE REGISTRATION
NO.MLP/08/240/2001 VALID UPTO 31.12.2026 ISSUED BY THE
DEPARTMENT OF FACTORIES AND BOILERS TO THE PETITIONER
Exhibit P12 TRUE COPY OF THE S.O.NO.1807(E) DATED 12.04.2022 ISSUED
BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE
Exhibi P13 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE OFFICIAL
PORTAL VIZ. KOMPAS PERTAINING TO THE QUARRY
Exhibit P14 TRUE COPY OF THE INTERIM ORDER PASSED IN SIMILAR CASE
W.P.(C) NO.4031/2023 DATED 22.02.2023 OF THE HON'BLE
HIGH COURT OF KERALA
Exhibit P15 TRUE COPY OF THE INTERIM ORDER PASSED IN SIMILAR CASE
W.P.(C) NO.10875/2023 DATED 31.03.2023 OF THE HON'BLE
HIGH COURT OF KERALA
