Kerala High Court
M/S. United Metals vs The Geologist on 27 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38335/2024 1/5 Order Date : 27-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 27th day of February 2025 / 8th Phalguna, 1946
WP(C) NO. 38335 OF 2024
PETITIONER:
M/S. UNITED METALS KARIMPANA P.O, NORTH PALAKKUZHA, MUVATTUPUZHA,
ERNAKULAM REPRESENTED BY ITS MANAGING PARTNER, SRI.SAJEEV MATHEW,
PIN-686662
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
ERNAKULAM, KAKKANAD ,PIN-682030
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, DISTRICT OFFICE (ERNAKULAM-2),
PMC 20/7331, GOVT.HOSPITAL - KSRTC ROAD, NEAR KALLUNKAL AUDITORIUM,
PERUMBAVOOR REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN-683542
6. THE SECRETARY, PALAKUZHA GRAMA PANCHAYAT, PALAKUZHA P.O, PALAKUZHA
ERNAKULAM, PIN-686662
7. THE SECRETARY, ARAKUZHA GRAMA PANCHAYAT, ARAKUZHA P O, MUVATTUPUZHA
ERNAKULAM, PIN-686672
8. 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.p18 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.p18; 2) stay the operation of ext.p19 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 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,
WP(C) No.38335/2024 2/5 Order Date : 27-02-2025
pending disposal of the writ petition, forthwith; 5) direct the 6 th
respondent, to extend the validity of licence for the period applied for,
provisionally, without insisting for any reappraisal of environmental
clearance as a condition precedent, pending disposal of the writ petition,
forthwith; 6) direct the 7 th respondent, to extend the validity of
licence for the period applied for, provisionally, without insisting for
any reappraisal of environmental clearance as a condition precedent,
pending disposal of the 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 petitioner and of SRI. GOKUL DAS V.V.H., Advocate for R7, the court
passed the following:
WP(C) No.38335/2024 3/5 Order Date : 27-02-2025
T.R. RAVI, J.
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W.P.(C) Nos.7489/2024, 32922/2024, 46092/2024,
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, 44332/2024,45479/2024,
45920/2024, 46185/2024, 424/2025, 653/2025,
842/2025 & 847/2025.
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Dated this the 27th day of February, 2025
ORDER
Post on 06.03.2025 along with connected cases. A request
may be made for posting the cases, if the Hon'ble Supreme Court
passes any orders in the meanwhile.
Interim order stands extended till 31.03.2025.
Sd/-
T.R. RAVI,
JUDGE
S.M.K.
WP(C) No.38335/2024 4/5 Order Date : 27-02-2025
APPENDIX OF WP(C) 38335/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 24/04/2018
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.
DIA/KL/MIN/7848/2017 DATED 23/01/2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/1115(E56101) VALID FROM
18/02/2020 UPTO 31/03/2025 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD, DATED 07/05/2024, VALID UPTO 27/10/2024,
BEARING FILE NO. KSPCB/ER2/ICO/10063875/2024
Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED
29/10/2024, SUBMITTED BY THE PETITIONER FOR RENEWAL OF
CONSENT
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO.A7-555/24, DATED 10-5-2024 WHICH IS VALID UPTO
27-10-2024 ISSUED BY THE 6TH RESPONDENT
Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO.27/2024-25, DATED 9-5-2024, WITH A VALIDITY UPTO
27-10-2024, ISSUED BY THE 7TH RESPONDENT
Exhibit P8 TRUE COPY OF THE RECEIPT DATED 22/03/2024, ISSUED BY
THE OFFICE OF THE 6TH RESPONDENT, SHOWING THE
REMITTANCE OF RENEWAL FEE AMOUNTING RS.19500/- FOR THE
PERIOD 2024-2025
Exhibit P9 TRUE COPY OF THE RECEIPT DATED 22/03/2024, ISSUED BY
THE OFFICE OF THE 7TH RESPONDENT, SHOWING THE
REMITTANCE OF RENEWAL FEE AMOUNTING RS.17500/- FOR THE
PERIOD 2024-2025
Exhibit P10 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P11 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P12 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 782/2023, DATED 13/01/2023
Exhibit P13 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
ERN/2018/QL/33/MP-49/2024/95803, DATED 4-9-2024 ISSUED
FOR A PERIOD UPTO 30/12/2024
Exhibit P14 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P15 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 P16 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P17 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P18 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P19 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
WP(C) No.38335/2024 5/5 Order Date : 27-02-2025
Exhibit P20 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24-10-2024
Exhibit P21 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P22 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL, SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 28/11/2024
