Kerala High Court
Sakeer Hussain vs The Geologist on 27 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.46092/2024 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. 46092 OF 2024
PETITIONER:
SAKEER HUSSAIN, AGED 54 YEARS, KAVUVILA VEEDU, KOONANVENGA P.O,
VAYYAKAVU, THIRUVANANTHAPURAM, PIN-695568
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
THIRUVANANTHAPURAM, PIN-695004
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
6. KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, PATTOM ,
THIRUVANANTHAPURAM REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN-695001
7. THE SECRETARY, PANAVOOR GRAMA PANCHAYAT, PANAVOOR P.O,
THIRUVANANTHAPURAM, PIN-695568
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 1)
stay the operation and effect of ext.p20 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.p20. 2) stay the operation and effect of
ext.p21 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) 6th
respondent to renew consent to operate for the period applied for,
provisionally, without insisting for any reappraisal of environmental clearance
as a condition precedent; 4) 7th respondent to renew license for the period
applied for, provisionally, without insisting for any reappraisal of
environmental clearance as a condition precedent; 5) 1st respondent to issue
quarry permit, without insisting for any reappraisal of environmental clearance
as a condition precedent.
This petition again coming on for orders upon perusing the petition and
WP(C) No.46092/2024 2/5 Order Date : 27-02-2025
the affidavit filed in support of WP(C) and this Court's order dated
19.02.2025, upon hearing the arguments of M/S PHILIP J.VETTICKATTU, NEENU
BERNATH & SAJU S. DOMINIC, Advocates for the petitioner, M/S JELSON J.EDAMPADAM
& M.FATHAHUDEEN, Advocates for R7, the court passed the following:
WP(C) No.46092/2024 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.46092/2024 4/5 Order Date : 27-02-2025
APPENDIX OF WP(C) 46092/2024
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 11/03/2024, ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE LICENSE
DATED 14/06/2024, FOR A PERIOD UPTO 31/03/2027, ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED
14/04/2024, VALID UPTO 27/10/2024
EXHIBIT P3(a) TRUE COPY OF THE ONLINE APPLICATION RECEIPT TAKEN FROM THE
ONLINE PORTAL OF THE 6TH RESPONDENT DATED 19/12/2024
EXHIBIT P4 TRUE COPY OF THE LICENSE DATED 12/05/2020, WHICH IS VALID
UPTO 14/07/2020, ISSUED BY THE SECRETARY, PANAVOOR GRAMA
PANCHAYAT
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE
OFFICE OF THE 7TH RESPONDENT DATED 02/07/2024
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 05/07/2024 ISSUED BY
THE 7TH RESPONDENT
EXHIBIT P6(a) TRUE COPY OF THE COMMUNICATION ISSUED BY THE 7TH RESPONDENT
DATED 05/07/2024 BEARING NO. JC-1975/2024
EXHIBIT P6(b) TRUE COPY OF THE COMMUNICATION DATED 15/07/2024 ISSUED BY
THE 7TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE,
DATED 07/12/2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY
EXHIBIT P7(a) TRUE COPY OF S.O.NO.221(E), DATED 18/01/2021, ISSUED BY THE
MOEF
EXHIBIT P8 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY THE
MOEF
EXHIBIT P9 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBIT P10 TRUE COPY OF THE 1ST QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 15/07/2019 FOR A PERIOD UPTO 14/07/2020
EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE MODIFIED MINING PLAN
WITH THE ENDORSEMENT "APPROVED" BY THE 1ST RESPONDENT DATED
01/04/2024
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.1102/2023 DATED 18/01/2023
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN WP(C) NO.14565/2024 DATED 12/06/2024
EXHIBIT P13(a) TRUE COPY OF THE INTERIM ORDER, PASSED BY THIS HON'BLE
COURT IN WP(C) NO.3254/2023 DATED 27/03/2023
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 15/01/2024 ISSUED BY THE MOEF
EXHIBIT P17 TRUE COPY OF THE O.M., DATED 15/03/2024 ISSUED BY THE MOEF
EXHIBIT P18 TRUE COPY OF THE LETTER DATED 12/07/2024, ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P19 TRUE COPY OF THE NOTICE DATED 21/08/2024, ISSUED BY THE 6TH
RESPONDENT
EXHIBIT P20 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P21 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF
WP(C) No.46092/2024 5/5 Order Date : 27-02-2025
EXHIBIT P22 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME COURT
IN CIVIL APPEAL NOS.3799-3800 /2024, DATED 12/11/2024
EXHIBIT P23 TRUE COPY OF THE SCREENSHOT SHOWING THE SUBMISSION OF
APPLICATION FOR REAPPRAISAL AND PROPOSAL STATUS DATED
03/12/2024
EXHIBIT P24 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.42579/2024, DATED 02/12/2024
EXHIBIT P25 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.19143/2024, DATED 12-8-2024
