Kerala High Court
P.K Sainudheen vs The Geologist on 13 January, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.39214/2024 1/3 Order Date : 13-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Monday, the 13th day of January 2025 / 23rd pousha, 1946
WP(C) NO. 39214 OF 2024
PETITIONER:
P.K SAINUDHEEN, AGED 47 YEARS, S/O.SAIDALI, PANAMBRA KOTTAPARAMBATH
HOUSE CHERUKAVU, AYIKKARAPADI P.O KONDOTTY, MALAPPURAM, PIN-673637
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY
MALAPPURAM, PIN - 676121
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
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.P14 to the extent it
directs that, the mining by lease holders who have been granted
environrnental 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.P14 2) stay the operation of Ext.P15 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.
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. JAGATH N, Advocate for R5, the court passed the
following:
WP(C) No.39214/2024 2/3 Order Date : 13-01-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C) Nos. 7489/2024, 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, 40750/2024,
40755/2024, 40757/2024, 40758/2024, 40760/2024,
40763/2024, 40768/2024, 41719/2024, 42428/2024,
42579/2024, 42685/2024, 43486/2024 & 43510/2024.
Dated this the 13th day of January, 2025
--------------------------------------------
ORDER
Interim order is extended till 27.01.2025.
Post on 16.01.2025 along with connected cases.
H/o
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) No.39214/2024 3/3 Order Date : 13-01-2025
APPENDIX OF WP(C) 39214/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 29/07/2019
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 01/12/2017 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/87(E90026), DATE OF
RENEWAL 28/02/2020, FOR A PERIOD UPTO31/03/2025 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 19/10/2022, VALID
UPTO28/07/2025, BEARING FILE NO.PCB/MLPM/ICO/R1/
Exhibit P5 TRUE COPY OF THE LICENSE, DATED 01/04/2024, ISSUED BY
THE SECRETARY, OORANGATTIRI GRAMA PANCHAYAT, VALID UP
TO 28/07/2025
Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 29463/2023 DATED16/11/2023
Exhibit P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 27/10/2024,
WHICH IS VALID UPTO06/11/2024
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11 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 P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P15 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P18 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL, SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 27/11/2024,
