Kerala High Court
Shafir P vs The Geologist on 27 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.39773/2024 1/3 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. 39773 OF 2024
PETITIONER:
SHAFIR P., AGED 31 YEARS, S/O.MOHAMMED HAJI, MPK MANZIL, THERUR
P.O., KANNUR, PIN - 670595
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE DEPARTMENT OF MINING & GEOLOGY KANNUR,
PIN - 67000
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. THE KERALA POLLUTION CONTROL BOARD DISTRICT OFFICE, KANNUR, 6TH
FLOOR, RUBCO HOUSE, SOUTH BAZAR, KANNUR , PIN - 670002
6. 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 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. 2) stay the operation of ext.p16 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) direct 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 5th
respondent, to extend the validity of consent to operate for the period
applied for, provisionally, without insisting for any reappraisal of
environmental clearance as a condition precedent;
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. MURLEEKRISHNAN R Advocate for R6, the court passed
the following:
WP(C) No.39773/2024 2/3 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.39773/2024 3/3 Order Date : 27-02-2025
APPENDIX OF WP(C) 39773/2024
EXHIBITP1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 25/07/2022
EXHIBITP2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, BEARING NO.172/2018, DATED 19/07/2018,
ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY
EXHIBITP3. TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SE/KL/22/281(E112552), DATED
19-6-2023, WHICH IS VALID UPTO 31-3-2025
EXHIBITP4. TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE ISSUED BY THE 5TH RESPONDENT, DATED
22-07-2024, BEARING FILE NO.
KSPCB/KN/ICO/10042694/2023, VALID UPTO 27/10/2024
EXHIBITP5. TRUE COPY OF THE RECEIPT DATED 15-11- 2022 SHOWING
REMITTANCE OFRS.28400 FOR RENEWAL FEE FOR A PERIOD OF 4
YEARS
EXHIBITP6. RUE COPY OF THE LICENSE, DATED 16/08/2021, ISSUED BY
THE SECRETARY, PADIYOOR - KALLYAD GRAMA PANCHAYAT,
VALID UP TO 31/03/2026,
EXHIBITP7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBITP8. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBITP9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 18873/2023 DATED 22/06/2023
EXHIBITP10. TRUE COPY OF THE ORDER OF THE 1 ST RESPONDENT BEARING
NO.61/2023 - 24/MM/GBS/DOKAN-DMG/718/2023-M, DATED
20-7-2023
EXHIBITP10a. TRUE COPY OF THE MOVEMENT PERMIT DATED 26/10/2024,
WHICH IS VALID UPTO 26/10/2024,
EXHIBITP11 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBITP12. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022 IN O.A.NO.142/2022
EXHIBITP13. TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBITP14 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
EXHIBITP15. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBITP16. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P17. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
