Kerala High Court
Thankachan M.S vs The Kerala State Pollution Control ... on 4 March, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.44403/2024 1/4 Order Date : 04-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 4th day of March 2025 / 13th Phalguna, 1946
WP(C) NO. 44403 OF 2024
PETITIONER:
THANKACHAN M.S, AGED 64 YEARS, S/O. SEBASTIAN, MATHALIKKUNNEL HOUSE,
KOOMBARA BAZAR P.O, KOODARANHI, KOZHIKODE DISTRICT, PIN-673604
RESPONDENTS:
1. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER
SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM, PIN-695004
2. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION,
PALATTUTHAZHAM, KOZHIKODE, PIN-673020
3. SAJIMON JOSEPH, NARAKATHINGAL HOUSE, KOOMBARA P.O, KOODARANHI VIA,
KOZHIKODE, PIN-673604
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 the first respondent to reconsider Exhibit P27 and grand
consent to the petitioner to operate the quarry covered under Exhibit P1,
pending disposal of the writ petition.
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
20-02-2025 and upon hearing the arguments of M/S. J.ABHILASH, LIJO KURIAN
JOSE & VIMAL BHASKAR, Advocates for the petitioner, SRI. NAVEEN T,
STANDING COUNSEL for R1 and of M/S. G.GIREESH & MATHEW KURIAKOSE,
Advocates for R3, the court passed the following:
WP(C) No.44403/2024 2/4 Order Date : 04-03-2025
T.R.RAVI.J
-------------------------------------------------------
WP(C) No.44403 of 2024
--------------------------------------------------------
Dated this the 04th day of March, 2025
ORDER
There will be a direction to the 1st respondent to
consider the request for extension of the consent to operate
granting the benefit of Ext.P28 notification and based on
Ext.P24 application. Necessary orders shall be issued within
two weeks from today.
Post on 27.03.2025
Sd/-
T.R.RAVI
sn
JUDGE
WP(C) No.44403/2024 3/4 Order Date : 04-03-2025
APPENDIX OF WP(C) 44403/2024
Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
05.12.2014 ISSUED BY SEIAA TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-
RENEWAL DATED 04.01.2020 ISSUED BY THE ENVIRONMENT
ENGINEER TO THE PETITIONER VALID UP TO 04.12.2024
Exhibit P3 A TRUE COPY OF THE FORM LE3 LICENSE RENEWED AND VALID
UP TO 31.03.2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER
OF EXPLOSIVES, ERNAKULAM
Exhibit P4 A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE
SECRETARY, KOODARANHI GRAMA PANCHAYAT RENEWED ON
01.04.2021 VALID UP TO 31.03.2026
Exhibit P5 A TRUE COPY OF THE QUARRYING LEASE DATED 05.06.2015
VALID UP TO 04.06.2027 EXECUTED BETWEEN THE PETITIONER
AND THE STATE GOVERNMENT FOR MINING BUILDING STONES
FROM 3.38 HECTARES OF LAND IN SY NO. 2442 PT OF
KOODARANHI VILLAGE IN KOZHIKODE TALUK OF KOZHIKODE
DISTRICT
Exhibit P6 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 30828 OF 2017
DATED 29.01.2019 PASSED BY THE LEARNED DIVISION BENCH
OF THIS HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE RENEWAL ORDER OF EXHIBIT P1 GRANTED
BY THE 1ST RESPONDENT DATED 04.11.2019
Exhibit P8 A TRUE COPY OF THE LETTER DATED 24.07.2023 FILED BY THE
3RD RESPONDENT TO THE CHAIRMAN, NATIONAL GREEN
TRIBUNAL, NEW DELHI
Exhibit P9 A TRUE COPY OF THE ORDER DATED 31.01.2024 PASSED BY THE
NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN
Exhibit P10 A TRUE COPY OF THE ORDER DATED 25.3.2024 PASSED BY THE
NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA
Exhibit P11 A TRUE COPY OF THE ORDER DATED 20.05.2024 PASSED BY THE
NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA
Exhibit P12 A TRUE COPY OF THE ORDER DATED 12.09.2024 PASSED BY THE
NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN OA
Exhibit P13 A TRUE COPY OF THE JOINT COMMITTEE REPORT DATED
05.04.2024 SUBMITTED BY THE 3RD RESPONDENT HEREIN
BEFORE THE NATIONAL GREEN TRIBUNAL, IN OA NO. 93/2024
Exhibit P14 A TRUE COPY OF THE ORDER DATED 01.10.2019 ISSUED BY THE
ENVIRONMENTAL ENGINEER TO THE SECRETARY, KOODARANHI
GRAMA PANCHAYAT WITH COPY TO THE PETITIONER
Exhibit P15 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE DIP
MAINTAINED BY THE PETITIONER IN THE QUARRY FOR THE FLOW
OF RAIN WATER STREAM DURING RAINY SEASON
Exhibit P16 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONCRETED
ROAD SIDE THE QUARRY OF THE PETITIONER
Exhibit P17 A TRUE COPY OF THE ORDER DATED 28.03.2023 ISSUED BY THE
RANGE OFFICER, THAMARASSERY TO THE DIVISIONAL FOREST
OFFICER, STATING THAT THE PROPERTY SITUATED IN
KOODARANHI VILLAGE DOES NOT COME WITHIN THE ECO
SENSITIVE ZONE
WP(C) No.44403/2024 4/4 Order Date : 04-03-2025
Exhibit P18 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE
148TH MEETING OF THE SEIAA DATED 27 AND 28-09-2024
Exhibit P19 A TRUE COPY OF THE STOP MEMO DATED 02.11.2024 ISSUED BY
THE MEMBER SECRETARY TO THE PETITIONER
Exhibit P20 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.11.2024
ISSUED BY THE MEMBER SECRETARY SEIAA TO THE PETITIONER
Exhibit P21 TRUE COPY OF THE REPLY TO EXHIBIT P20 STOP MEMO DATED
26-11-2024
Exhibit P22 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11/11/2024
ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE FIRST
RESPONDENT
Exhibit P23 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER
DATED 26.11.2024 TO EXHIBIT P22
Exhibit P24 TRUE COPY OF THE APPLICATION DATED 26.09.2024 PREFERRED
BY THE PETITIONER BEFORE THE POLLUTION CONTROL BOARD
Exhibit P25 TRUE COPY OF THE RECEIPT ISSUED BY THE POLLUTION
CONTROL BOARD DATED 26.09.2024
Exhibit P26 TRUE COPY OF THE REMARK FOR RETURNING THE APPLICATION
DATED 21.10.2024
Exhibit P27 RELAVENT PAGES OF MINING PLAN DATED 01.06.2020 APPROVED
BY THE GEOLOGISTS
Exhibit P28 TRUE COPY OF THE S.O. 1807 (E) DATED 12.04.2022 ISSUED
BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE
CHANGE
Exhibit R 3 [ a ] True copy of the show cause notice dated 05.11.2024
issued by the Geologist, Mining and Geology Department,
District Office Kozhikode, to the petitioner
Annexure R1(a) True copy of the Integrated Consent to Operate No.
PCB/KKD/DO/ICO-R3/11302/R17KOZ5674911/13972542/2021,
dated 16-7-2021, issued by the Pollution Control Board.
Annexure R1(b) True copy of the Circular No. PCB/HO/CIRCULAR/51/2019
dated 4-5-2022 issued by the Pollution Control Board.
Annexure R1(c) True copy of the Reply Letter dated 26-11-2024 (without
attachments) submitted by the quarry owner.
