WP(C) No.35912/2023 1/6 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
IA.NO.1/2025 IN WP(C) NO. 35912 OF 2023
PETITIONER:
T.A SHANMUGHADAS, AGED 67 YEARS, S/O ANDIKUTTY, THANDASSERY (H),
POST POOMALA, THEKKUMKARA VILLAGE, THRISSUR, PIN - 680581
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD,
NEW DELHI, PIN - 110003
2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF FOREST AND WILDLIFE, SECRETARIAT, TRIVANDRUM, PIN - 695001
3. THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY 4TH FLOOR, KSRTC
COMPLEX, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY,
PIN - 695036
4. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, DIRECTORATE OF
MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PO, THIRUVANANTHAPURAM-
, PIN - 695004
5. DISTRICT GEOLOGIST, THRISSUR, DEPARTMENT OF MINING & GEOLOGY, MINI
CIVIL STATION, 1ST FLOOR, CHEMPOOKAVU, THRISSUR , PIN - 680020
6. CHIEF WILDLIFE WARDEN FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
7. M/S B & B GRANITES REPRESENTED BY ITS MANAGING PARTNER MR.BAIJU KJ
HOUSE NO.11/384, VATTAI, KUNDUKADU POST, THEKKUMKARA, THRISSUR , PIN
- 680589
8. ADDL.R8. THE KERALA STATE POLLUTION CONTROL BOARD, THRISSUR,
REPRESENTED BY THE ENVIRONMENTAL ENGINEER, THRISSUR - 680655 (SUO
MOTU IMPLEADED AS PER ORDER DATED 20-11-2023)
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay any mining
operation to be conducted by the Respondent No.7 on the basis of Ex-P17 or
any subsequent orders made thereunder by the Respondent No.3 until the
final disposal of W.P. (C) 35912 of 2023
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.AYSHA ABRAHAM, Advocate for the petitioner and of SRI. SUNIL.J,
Advocate for R1, SRI..M.P.SREEKRISHNAN, Advocate for R3, M/S. PHILIP
J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC Advocate for R7, SRI.
NAVEEN T Advocate for R8, the court passed the following:
WP(C) No.35912/2023 2/6 Order Date : 04-03-2025
T.R.RAVI.J
-------------------------------------------------------
WP(C) No.35912 of 2023
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Dated this the 04th day of March, 2025
ORDER
The application has been filed with the following prayer;
"For the reasons stated in the accompanying affidavit, it is humbly
prayed that this Hon'ble Court be pleased to stay any mining
operation to be conducted by the Respondent No.7 on the basis of
Ext.P17 or any subsequent orders made thereunder by the
Respondent No.3 until the final disposal of W.P.(C) 35912 of
2023."
2. Ext.P17 order was issued pursuant to directions issued
by this Court on 31.05.2024. On 31.05.2024, this Court had
directed the SEIAA the 3rd respondent to consider and pass
orders on Ext.P10 representation filed by the petitioner, after
hearing all concerned. By Ext.P17, the SEIAA has issued
certain directions. Clause 10 of the order reads thus;
"10. The EC issued for the project is suspended till further
orders. The Project Proponent shall comply with all the observations
WP(C) No.35912/2023 3/6 Order Date : 04-03-2025
WP(C) NO.35912 of 2023
within a maximum period of 6 months and submit the compliance
report. Blasting is permitted to the limited extent to conduct vibration
study and Mining & Geology department should not issue no movement
permit or pass till the suspension of the EC is revoked."
3. Since the SEIAA has already suspended the operation
of the EC and any mining operation can be conducted only
after compliance with the requirements stated and the
submission of the compliance report, there is no question of
any mining operation taking place. The further direction not
to issue movement permit or pass also ensures that the mining
operations will not take place. The apprehension which has
been pointed out by the counsel for the petitioner does not
immediately raise a concern, since the EC has been
suspended.
4. In the above circumstances, there will be a direction
to the 3rd respondent to ensure compliance with all the
requirements and to revoke the suspension only after
obtaining orders from this court, after placing the compliance
report if any submitted within the period granted in Ext.P17
WP(C) No.35912/2023 4/6 Order Date : 04-03-2025
WP(C) NO.35912 of 2023
before this Court. Even though the counsel for the 3 rd
respondent has raised a question that the petition is not
maintainable since there is no challenge to Ext.P17, that
question is not being gone into since Ext.P17 by itself does
not grant any permission for mining and has to be read along
with Ext.P1 which is already under challenge in the writ
petition.
Post the writ petition after one month.
Sd/-
T.R.RAVI
sn
JUDGE
WP(C) No.35912/2023 5/6 Order Date : 04-03-2025
APPENDIX OF WP(C) 35912/2023
Exhibit P1 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE NO.
22/Q/2022 DATED 25.01.2023 ISSUED TO THE 7TH RESPONDENT
BY THE 4TH RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE COVER-IN-LETTER DATED
14.05.2022 ALONG WITH FORM-1 APPLICATION SUBMITTED BY
THE 7TH RESPONDENT
Exhibit P2(a) A TRUE PHOTOCOPY OF THE FORM-2 APPLICATION SUBMITTED BY
THE 7TH RESPONDENT
Exhibit P2(b) A TRUE PHOTOCOPY OF THE FORM-1M APPLICATION SUBMITTED
BY THE 7TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PRE-
FEASIBILITY REPORT SUBMITTED BY THE 7TH RESPONDENT
Exhibit P3(a) A TRUE PHOTOCOPY OF THE ENVIRONMENT MANAGEMENT PLAN
SUBMITTED BY THE 7TH RESPONDENT
Exhibit P4 A TRUE PHOTOCOPY OF THE NOTIFICATION S.O.141(E) DATED
15.01.2016 ISSUED BY THE 1ST RESPONDENT
Exhibit P5 A TRUE PHOTOCOPY OF THE NOTIFICATION SO.NO.3611 (E)
ISSUED BY THE 1ST RESPONDENT ON 25.07.2018
Exhibit P6 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DSR
PREPARED FOR THE THRISSUR DISTRICT IN THE YEAR 2016
Exhibit P7 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES
OF THE 133RD MEETING OF SEAC
Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF THE 120TH MEETING
OF THE 3RD RESPONDENT
Exhibit P9 A TRUE COPY OF THE ORDER DATED 06.01.2022 ISSUED BY THE
HON'BLE SUPREME COURT IN CIVIL APPEAL NO.3661-3662 OF
Exhibit P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 25.07.2023
SENT BY THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P11 A TRUE COPY OF THE PHOTOGRAPHS OF THE QUARRY SITE AND
THE TRANSPORTATION OF QUARRY MATERIALS
Exhibit P12 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED
17.05.2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P13 A TRUE PHOTOCOPY OF THE LETTER DATED 15.09.2022
PREFERRED BY THE 7TH RESPONDENT BEFORE THE CHAIRMAN OF
THE 3RD RESPONDENT ALONG WITH THE FORM SEEKING
RECOMMENDATION OF THE STANDING COMMITTEE OF THE NBWL
Exhibit P14 A TRUE PHOTOCOPY OF THE RTI REPLY DATED 25.10.2023
ISSUED BY DEPUTY THAHSILDAR, THALAPPILLY
Exhibit P15 A true copy of SO No.3977(E) dated 14.08.2018 issued by
the 1st Respondent
Exhibit P16 A true copy of the Office Memorandum dated 28.04.2023
issued by the 1st Respondent.
Exhibit P17 THE TRUE COPY OF THE LETTER NO. 1339/EC2/2019/SEIAA
DATED 17.08.2024 OF SEIAA
Exhibit P18 THE TRUE COPY OF THE LETTER NO. D/2/168/2023 FOREST
DATED 10.09.2024 ISSUED BY THE STATE FOREST & WILDLIFE
DEPARTMENT.
Exhibit P19 THE TRUE COPY OF THE ORDER B.O.(FTD)NO.409/2024
[D(T&SO)/T3/GENERAL/24-25] DATED 27.09.2024 ISSUED BY
THE KERALA STATE ELECTRICITY BOARD LIMITED
WP(C) No.35912/2023 6/6 Order Date : 04-03-2025
Exhibit P20 THE TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.
6/2025/WRD DATED 20.01.2025 OF WATER RESOURCES
DEPARTMENT, GOVERNMENT OF KERALA
Exhibit P21 THE TRUE COPY OF ONE SUCH STUDY SUBMITTED IN ICOLD
SYMPOSIUM ON SUSTAINABLE DEVELOPMENT OF DAMS AND RIVER
BASINS, NEW DELHI DURING 24TH -27TH FEBRUARY, 2021.
Exhibit R7(a) True copy of the paper publication published in
Janmabhoomi Malayalam daily dated 18/04/2023 made by
this respondent with respect to the grant of
environmental clearance
Exhibit R7(b) True copy of the photo showing the Board exhibiting the
Environmental Clearance details
Exhibit R7(c) True copy of the NOC obtained by the petitioner
Exhibit R7(d) True copy of the relevant pages of the report submitted
by the Senior Geologist dated 12/9/2018 of the District
Collector
Exhibit R7(e) True copy of the judgment passed in WP ( C) No.
3398/2023 dated 10/04/2023 with respect to the quarry
of this respondent
Exhibit R7(f) True copies of photos of wetting and border covering,
alarm machine, blasting timing
Exhibit R7(g) True copy of the judgement passed by this Hon'ble Court
in WPC No. 2856/2022 dated 14/02/2022
Exhibit R3(b) A true copy of the Order dated 16.02.2022 in WP(C) No.
5209 of 2022
Exhibit R3(C) A true copy of the Letter issued by SEIAA dated
14.02.2024
Exhibit R3(d) A true copy filed inspection report conducted on
18.06.2024 pursuant to the Order dated 31.05.2024 in
WP(C) 35912 of 2023
Exhibit R3(a) . A true copy of the report, dated 05.03.2024 furnished
by the District collector, Thrissur to Administrator,
SEIAA
Exhibit R7(h) True copy of the communication dated 15-2-2025 handed
over by the 3rd respondent to this respondent on
25-2-2025
