Kerala High Court
M/S. P.M. Group vs The Geologist on 10 January, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.653/2025 1/4 Order Date : 10-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 10th day of January 2025 / 20th pousha, 1946
WP(C) NO. 653 OF 2025
PETITIONER:
M/S. P.M. GROUP REPRESENTED BY ITS MANAGING PARTNER ADBUL NAZAR P.
M, PPGP, V/5C, KALIYADUKKAM, AYAMKADAVU, PERIYA P.O, KASARAGOD,
PIN-671316
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
KASARAGOD, PIN-671123
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-10993
6. KERALA POLLUTION CONTROL BOARD REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER, MAM ARCADE, NEAR RAILWAY STATION, KANHANGAD, KASARAGOD,
PIN-671315
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. 8. 6th respondent to extend the
validity of consent for the period applied for, without insisting for any
reappraisal of environmental clearance as a condition precedent,
provisionally, pending disposal of the above writ petition, forthwith; 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;
This petition coming on for orders upon perusing the petition and
WP(C) No.653/2025 2/4 Order Date : 10-01-2025
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, the court passed the following:
WP(C) No.653/2025 3/4 Order Date : 10-01-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C) No.653 of 2025
--------------------------------------------
Dated this the 10th day of January, 2025
ORDER
Admit. DSGI takes notice for the 5th respondent. Government
Pleader takes notice for respondents 1 to 3. Sri.M.P.Sreekrishnan,
Standing Counsel takes notice for the 4th respondent. Sri.T.Naveen,
Standing Counsel takes notice for the 6th respondent.
2. In view of the interim orders passed in similar cases
(WP(C) No.7489 of 2024 and connected cases) and in view of the
order issued by the Hon'ble Supreme Court in C.A.Nos.3799-
3800/2018 and connected cases, there will be a direction to treat the
Environmental Clearance granted by the DEIAAs between dates
15.01.2016 and 12.12.2018 as valid, subject to availability of project
life as laid down in the Mining Plan approved and renewed by the
competent authority and mineable reserves and on condition that the
petitioner satisfies all other statutory formalities.
Post on 13.01.2025 along with WP(C) No.7489 of 2024 and
connected cases.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) No.653/2025 4/4 Order Date : 10-01-2025
APPENDIX OF WP(C) 653/2025
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 10/10/2018
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 05/07/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE
LICENSE, RENEWED ON 03/04/2024, FOR A PERIOD UPTO
31/03/2029, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE LICENSE, DATED 01/04/2024, ISSUED BY
THE SECRETARY, PULLOOR PERIYA GRAMA PANCHAYAT, WHICH IS
VALID FOR A PERIOD UPTO 31/03/2029
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 30/09/2024, VALID UPTO
09/10/2024
EXHIBIT P6 TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS.
9600, DATED 14/08/2024 ISSUED FROM THE OFFICE OF THE
6TH RESPONDENT
EXHIBIT P6(a) TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED
26-12-2024 TAKEN FROM THE OFFICIAL PORTAL OF THE 6TH
RESPONDENT
EXHIBIT P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBIT P8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBIT P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 27/03/2024 FOR A
PERIOD UPTO 31/03/2024
EXHIBIT P10. TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING
WITH THE ENDORSEMENT "APPROVED" BY THE COMPETENT
AUTHORITY ON 22/03/2024 AND SHOWING THE MINEABLE
RESERVES
EXHIBIT P11 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P12 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 P13 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBIT P14 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
EXHIBIT P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P16 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P17 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024
EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.42579/2024, DATED 02/12/2024
EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
