M/S. S.S. Granite vs The Geologist
2025 Latest Caselaw 6763 Ker

Citation : 2025 Latest Caselaw 6763 Ker
Judgement Date : 16 June, 2025

Kerala High Court

M/S. S.S. Granite vs The Geologist on 16 June, 2025

                                                    2025:KER:42646
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

      MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947

                      WP(C) NO. 25996 OF 2024

PETITIONER:
           M/S. S.S. GRANITE,
           HOUSE NO. 322/12, KURANGOLITHADATHIL, KARIMPANA P.O.,
           KOOTHATTUKULAM, ERNAKULAM DISTRICT, REPRESENTED BY ITS
           MANAGING PARTNER SHRI. SABU VARGHESE, PIN - 686662

          BY ADVS.
          SHRI.PHILIP J.VETTICKATTU
          SMT.NEENU BERNATH
          SHRI.SAJU S. DOMINIC
RESPONDENTS:
     1     THE GEOLOGIST,
           DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
           ERNAKULAM, PIN - 682030
     2     THE DIRECTOR OF MINING AND GEOLOGY,
           PATTOM PALACE P.O., TRIVANDRUM, PIN - 695004
     3     STATE OF KERALA,
           REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
     4     STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
           (SEIAA KERALA),
           4 TH FLOOR, KSRTC BUS TERMINAL
           COMPLEX,THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER
           SECRETARY, PIN - 695001
     5     MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
           INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI,
           REPRESENTED BY ITS DIRECTOR, PIN - 110993
     6     UNION OF INDIA,
           MINISTRY OF MINES,3 RD FLOOR, A WING, SHASTRI BHAVAN,
           NEW DELHI - REPRESENTED BY ITS SECRETARY, PIN - 110001
           BY ADV.T.P. SAJAN - SPECIAL GOVERNMENT PLEADER (FOREST)
              ADV.M.P.SREEKRISHAN - STANDING COUNSEL
              ADV.O.M.SHALINA - DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 25996 of 2024

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                                                        2025:KER:42646



                                J U D G M E N T

Dated this the 16th day of June, 2025

Learned counsel for the petitioner submits that this

Writ Petition can be closed, as has been done by the

judgment dated 18.03.2025 in W.P.(C)Nos.19721/2024 and

connected cases, in the light of the final judgment of

the National Green Tribunal issued on 08.08.2024 in

O.A.No.142/2022. To the above submission made by the

learned counsel for the petitioner, the learned

Standing Counsel for the State Environmental Impact

Assessment Authority (SEIAA) has no objection. In the

circumstances, this Writ Petition will stand closed,

clarifying that the parties will be governed by the

final judgment in O.A.No.142/2022, subject to any

subsequent modification thereto.

Sd/-

C. JAYACHANDRAN JUDGE TR

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2025:KER:42646

APPENDIX OF WP(C) 25996/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 22/02/2019 EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY DEIAA ERNAKULAM TO THE PETITIONER, BEARING NO.

DIA/KL/MIN/12528/2018 DATED 10/12/2018 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE BEARING NO. E/SE/KL/22/270(E126207), VALID FROM 01/03/2024 TO 31/03/2029, ISSUED BY THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM Exhibit P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO.KSPCB /ER2/ICO/10064861/2024, DATED 13-4-2024 FOR A PERIOD UPTO 27/10/2024 Exhibit P5 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY PALAKUZHA GRAMA PANCHAYAT, WHICH IS VALID FROM 29/04/2024 TO 27/10/2024, Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.41067/2023, DATED 11/12/2023 Exhibit P7 TRUE COPYOF THE COMMUNICATION BEARING NO.DOERN-DMG/298/2024-MDO,DATED5-6-2024 Exhibit P8 TRUE COPY OF COMMUNICATION ISSUED BY THE 1ST RESPONDENT APPROVING THE SCHEME OF MINING SUBMITTED BY THE PETITIONER DATED 15-1-2024 Exhibit P9 TRUE COPY OF THE CURRENT MOVEMENT PERMIT DATED 23/04/2024 FOR A PERIOD UPTO 27/10/2024 Exhibit P10 TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 12-07-2024

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2025:KER:42646

Exhibit P11 TRUE COPY OF THE O.M. ISSUED BY THE MOEF DATED 7-5-2024 Exhibit P12 TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4-2024 IN O.A.NO.142/2022 Exhibit P13 TRUE COPY OF S.O.NO.141(E), DATED 15-1-

Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN WA.NO.398/2018 DATED 28-2-2018 Exhibit P15 TRUE COPY OF THE ORDER PASSED BY THE NGT IN O.A NO.186/2016 DATED 13-9- 2018 (SATENDRA PANDEY V. MOEF AND OTHER CONNECTED CASES) Exhibit P16 TRUE COPY OF O.M. DATED 12-12-2018 Exhibit P17 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P18 TRUE COPY OF THE INTERIM ORDER DATED 24-8-2023 PASSED BY THIS HON'BLE COURT

Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED 13-11-2023 Exhibit P20 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF Exhibit P21 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF Exhibit P22 TRUE COPY OF THE INTERIM ORDER DATED 22/05/2024 PASSED BY THIS HON'BLE COURT