Kerala High Court
S.Saseendran Pillai vs The District Geologist on 27 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38380/2024 1/4 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. 38380 OF 2024
PETITIONER:
S.SASEENDRAN PILLAI, AGED 62 YEARS, S/O K. SANKARA KURUP, SREE RAMA
VILASAM, KALLUVATHUKKAL PO, KOLLAM DISTRICT, PIN - 691578
RESPONDENTS:
1. THE DISTRICT GEOLOGIST TRIVANDRUM DISTRICT, DEPARTMENT OF MINING &
GEOLOGY, TRIVANDRUM, PIN - 695004
2. THE DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE
P.O., THIRUVANANTHAPURAM, PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REPRESENTED
BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
5. UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE
CHANGE,INDIRA PARIYAVARAN BHAVAN, JORBHAG ROAD, NEW DELHI,
REPRESENTED BYITS DIRECTOR, PIN - 110993
6. THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001
7. PALLIKKAL GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, PALLIKKAL,
KILIMANOOR, THIRUVANANTHAPURAM, PIN - 695604
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. P22 judgment to the extent it
direcxt 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. P22 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 again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
19/02/2025 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, Advocates for the petitioner and of
SRI. K.SIJU, STANDING COUNSEL for R7, the court passed the following:
WP(C) No.38380/2024 2/4 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.38380/2024 3/4 Order Date : 27-02-2025
APPENDIX OF WP(C) 38380/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 27/05/2022 WHICH IS VALID TILL
26/05/2032 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. 31/2018 DATED 19/07/2018
Exhibit P2(a) TRUE COPY OF THE MINUTES DATED 26/05/2023
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OFF THE EXPLOSIVE
LICENSE DATED 16/01/2020
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE DATED 13/10/2023 ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD
Exhibit P5 TRUE COPY OF THE FRONT PAGE OF THE MODIFIED MINING PLAN
WITH PROGRESSIVE MINE CLOSURE PLAN ISSUED BY THE
GEOLOGIST DATED 18/07/2024
Exhibit P6 TRUE COPY OF THE LICENSE ISSUED UNDER 447 OF THE
MUNICIPALITY ACT, 1994 BY THE PALLICKAL GRAMA PANCHAYAT
DATED 09/05/2024
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 06/07/2022
Exhibit P8 TRUE COPY OF THE GAZETTE NOTIFICATION IN SO NO. 1807(E)
DATED 12/04/2022
Exhibit P9 TRUE COPY OF THE FRONT PAGE OF MINING PLAN DATED
21/03/2018
Exhibit P10 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SENIOR
GEOLOGIST DATED 09/03/2023
Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT DATED 07/07/2022
Exhibit P12 TRUE COPY OF THE MOVEMENT PERMIT DATED 08/07/2024
Exhibit P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 15/03/2024
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 04/11/2022 IN
W.P.C. NO. 35341 OF 2022 OF THIS HON'BLE COURT
Exhibit P15 TRUE COPY OF THE INTERIM ORDER DATED 30/08/2024 IN I.A.
NO. 6/2024 IN W.P.(C). NO. 14936/2024
Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 08/09/2024
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
WITH POSTAL RECEIPT
Exhibit P17 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P18 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL DATED 7/12/2022 IN O.A. NO. 142/2022 IN
JAYANTH KUMAR VS. MOEF & CC
Exhibit P19 TRUE COPY OF THE SOP DATED 15/1/2024 ISSUED BY THE MOEF
Exhibit P20 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P21 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
SUBMITTED BY THE PETITIONER FOR REAPPRAISAL OF
ENVIRONMENTAL CLEARANCE DATED 28/04/2024
Exhibit P22 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024
WP(C) No.38380/2024 4/4 Order Date : 27-02-2025
Exhibit P23 TRUE COPY OF THE INTERIM ORDER DATED 24/10/2024 IN
W.P.(C). NO. 24651/2023 OF THIS HON'BLE COURT
Exhibit P24 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024 OF THIS
HON'BLE COURT
