Kerala High Court
N.K. Usman vs The District Geologist on 13 January, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38671/2024 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. 38671 OF 2024
PETITIONER:
N.K. USMAN, AGED 51 YEARS, S/O. ABDURAHIMAN HAJI, NANATH KURUVAYIL
HOUSE, MELMURI P.O, MALAPPURAM, PIN - 676517
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, MALAPPURAM DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
MANJERI, MALAPPURAM, PIN - 676121
2. THE DIRECTOR, MINING AND GEOLOGY DIRECTORATE, 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. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001
5. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
REPRESENTED BY ITS DIRECTOR, PARYAVARAN BHAVAN, NEW DELHI,
PIN-110014
6. THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001
7. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS
CHAIRMAN, HEAD OFFICE, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
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. p13 judgment to the extent it
direct 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. P13 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
16.12.2024 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, the court
passed the following:
WP(C) No.38671/2024 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.38671/2024 3/3 Order Date : 13-01-2025
APPENDIX OF WP(C) 38671/2024
Exhibit P1 TRUE COPY OF THE QUARRYING LEASE IN FORM H EXECUTED ON
8/1/2018 WHICH IS VALID TILL 7/1/2028 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 P1(a) TRUE COPY OF THE FORM - E TRANSFER OF QUARRYING LEASE
DATED 08/11/2019
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA
HAVING EC NO. 15/2017 DATED 31/8/2017
Exhibit P2(a) TRUE COPY OF THE ORDER OF SEIAA , NO.161/A2/2019/SEIAA
DATED 16/5/2019
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 13/2/2020
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT
VARIATION ORDER FILE NO.KSPCB/MA/ICO/10010693/VAR 2022
DATED 2/9/2022 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD
Exhibit P4(a) TRUE COPY OF THE RECEIPT OF THE APPLICATION DATED
3/8/2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER 232 OF THE
PANCHAYAT RAJ ACT, 1994 BY THE THRIKALANGODE GRAMA
PANCHAYAT DATED 10/8/2021 TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE ROYALTY CERTIFICATE IN FORM O(C) DATED
21/11/2022 ISSUED BY THE GEOLOGIST, MALAPPURAM TO THE
PETITIONER.
Exhibit P7 TRUE COPY OF THE GAZETTE NOTIFICATION SO NO. 1807(E)
DATED 12/4/2022
Exhibit P8 TRUE COPY OF THE FRONT PAGE OF THE MINING PLAN ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER DATED
22/01/2022
Exhibit P9 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P10 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 P11 TRUE COPY OF THE SOP DATED 15/1/2024 ISSUED BY THE MOEF
Exhibit P12 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P13 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 24/10/2024 IN
W.P.(C). NO. 26430/2023 OF THIS HON'BLE COURT
Exhibit P15 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
