Kerala High Court
V . Somasekharan Nair vs The Geologist on 21 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.39480/2024 1/7 Order Date : 21-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 21st day of January 2025 / 1st Magha, 1946
WP(C) NO. 39480 OF 2024
PETITIONER:
V . SOMASEKHARAN NAIR, AGED 68 YEARS, PROPRIETOR OF M/S.BLUE STAR
INDUSTRIES, NADUTHALA VEEDU, MANIKANTESWARAM P.O, PEROORKADA,
THIRUVANANTHAPURAM, PIN - 695013
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. THE KERALA POLLUTION CONTROL BOARD, DISTRICT OFFICE,
THIRUVANANTHAPURAM, PLAMOODU, THIRUVANANTHAPURAM REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER, PIN - 695033
6. 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.p16 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.p16. 2) stay the operation of ext.p17 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. 4) direct the 5th respondent, to renew consent
to operate for the period applied for, provisionally, without insisting
for any reappraisal of environmental clearance as a condition precedent;
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
13.01.2025 and upon hearing the arguments of M/S PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner and of
WP(C) No.39480/2024 2/7 Order Date : 21-01-2025
SRI.TULASI PANICKER, Advocate for R6, the court passed the following:
WP(C) No.39480/2024 3/7 Order Date : 21-01-2025
T.R.RAVI.J
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WP(C) No.7489/2024 WP(C) No.7646/2024 WP(C) No.32922/2024
WP(C) No.37184/2024 WP(C) No.37200/2024 WP(C) No.37332/2024
WP(C) No.36737/2024 WP(C) No.35102/2024 WP(C) No.36318/2024
WP(C) No.36338/2024 WP(C) No.36376/2024 WP(C) No.36479/2024
WP(C) No.35316/2024 WP(C) No.36597/2024 WP(C) No.37510/2024
WP(C) No.37504/2024 WP(C) No.37841/2024 WP(C) No.37999/2024
WP(C) No.38083/2024 WP(C) No.38180/2024 WP(C) No.38195/2024
WP(C) No.39207/2024 WP(C) No.39214/2024 WP(C) No.38236/2024
WP(C) No.38333/2024 WP(C) No.38335/2024 WP(C) No.38380/2024
WP(C) No.38432/2024 WP(C) No.38452/2024 WP(C) No.38456/2024
WP(C) No.38501/2024 WP(C) No.38528/2024 WP(C) No.38623/2024
WP(C) No.38663/2024 WP(C) No.38669/2024 WP(C) No.38671/2024
WP(C) No.38809/2024 WP(C) No.38838/2024 WP(C) No.38863/2024
WP(C) No.39078/2024 WP(C) No.39124/2024 WP(C) No.39391/2024
WP(C) No.39452/2024 WP(C) No.39480/2024 WP(C) No.39617/2024
WP(C) No.39749/2024 WP(C) No.39773/2024 WP(C) No.39786/2024
WP(C) No.39869/2024 WP(C) No.39977/2024 WP(C) No.40172/2024
WP(C) No.40258/2024 WP(C) No.40311/2024 WP(C) No.40361/2024
WP(C) No.40022/2024 WP(C) No.40038/2024 WP(C) No.40050/2024
WP(C) No.39804/2024 WP(C) No.39745/2024 WP(C) No.43510/2024
WP(C) No.46185/2024 WP(C) No.40755/2024 WP(C) No.842/2025
WP(C) No.40750/2024 WP(C) No.40757/2024 WP(C) No.40758/2024
WP(C) No.40760/2024 WP(C) No.40763/2024 WP(C) No.40768/2024
WP(C) No.41719/2024 WP(C) No.42428/2024 WP(C) No.42579/2024
WP(C) No.42685/2024 WP(C) No.43486/2024 WP(C) No.44332/2024
WP(C) No.45479/2024 WP(C) No.45920/2024 WP(C) No.46092/2024
WP(C) No.46202/2024 WP(C) No.424/2025 WP(C) No.653/2025
WP(C) No.847/2025
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Dated this the 21st day of January, 2025
ORDER
The petitioners have expressed a difficulty in uploading
the documents and application for re-appraisal since the portal
WP(C) No.39480/2024 4/7 Order Date : 21-01-2025
WP(C) NO.7489 of 2024 & con.cases
does not permit submission of the application for re-appraisal
by the Project Proponent. As per the SOP, it is for the District
Authorities to upload the documents for the purpose of re-
appraisal. The Hon'ble Supreme Court had already directed
the Project Proponents to upload the documents since it was
noted that the District Authorities were not able to comply
with the requirements. It is pointed out that the application
can be uploaded only in Form 1 and not in Form 2 if the
Project Proponents were to do it and they are facing a
difficulty since under Form 1, the requirements are little
different from what is required under Form 2.
2. A statement has been filed on behalf of the 4 th
respondent, wherein it has been stated that the Project
Proponents can submit their applications in Form 1 and the
same will be treated as applications for re-appraisal. It is
submitted that the documents that would be required to be
submitted will be as per the check list contained in OM dated
WP(C) No.39480/2024 5/7 Order Date : 21-01-2025
WP(C) NO.7489 of 2024 & con.cases
28.04.2023 issued by the Ministry of Environment, Forest and
Climate Change (MoEF and CC). As an interim measure to
ensure that applications for appraisal are placed before the
SEIAA, the Project Proponents are directed to submit their
applications in Form 1 of Parivesh Portal and ensure that they
comply with the requirements in the check list. If any
difficulty is faced in the course of uploading these documents,
the same may be intimated to the Court at the next posting
date.
3. The Standing Counsel for SEIAA shall also get
necessary instructions regarding the queries that may be put
by the Project Proponents while filling up these applications
which may not be in tune with a query which may arise
under a Form 2 application, The Project Proponents will not
be insisted to pay a sum of Rs.1 lakh which is payable in
case of a Form 1 application for the time being. A decision on
that will be taken at a later point. The SEIAA may start their
WP(C) No.39480/2024 6/7 Order Date : 21-01-2025
WP(C) NO.7489 of 2024 & con.cases
processing of applications which are received as directed, so
that they can try to keep pace with the time which has been
granted by the Hon'ble Supreme Court.
Post on 06.02.2025. Interim order already granted shall
stand extended till then.
H/o Sd/-
T.R.RAVI
JUDGE
sn
WP(C) No.39480/2024 7/7 Order Date : 21-01-2025
APPENDIX OF WP(C) 39480/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 07/03/2019
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 23/11/2018, 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/22/1662(E80295), DATE OF
RENEWAL 20/01/2023, FOR A PERIOD UPTO 31/03/2028 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT
VARIATION ORDER ISSUED BY THE 5TH RESPONDENT, DATED
26/06/2023, VALID UPTO31/10/2024, BEARING FILE NO.
KSPCB/KS/ICO/10029638/VAR/ 2023
Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION DOWNLOADED FROM THE
ONLINE PORTAL OF THE 5TH RESPONDENT, DATED 4-11-2024
Exhibit P6 TRUE COPY OF THE LICENSE, DATED 01/04/2023, ISSUED BY
THE SECRETARY, ARUVIKKARA GRAMA PANCHAYAT, VALID UP TO
31/03/2025
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 INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 9105/2024 DATED 11/03/2024
Exhibit P10 TRUE COPY OF THE MOVEMENT PERMIT DATED 30/10/2024,
WHICH IS VALID UPTO06/11/2024
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
EXHIBITP 14 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL DATED 08/12/2023
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P17 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
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
