Kerala High Court
M/S. Oriental Rock Products Pvt. Ltd vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38501/2024 1/5 Order Date : 27-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 27th day of March 2025 / 6th Chaithra, 1947
WP(C) NO. 38501 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD, XII/243, OLD TREASURY
BUILDING, P.O. JUNCTION, MUVATTUPUZHA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR SAJEEV MATHEW, PIN-686661
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, PALAKKAD, PIN-678014
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, THIRUVANTHAPURAM, PIN-695001
5. THE SECRETARY, NAGALASSERY GRAMA PANCHAYAT, OTTAPALAM, PALAKKAD,
PIN-679533
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 1) stay the operation of ext.p17 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.p17. 2) stay the
operation of ext.p18 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) direct the 5 th respondent to extend the
validity of license for the period applied for, provisionally, without
insisting for any reappraisal of environmental clearance as a condition
precedent, pending disposal of the writ petition; 4) 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.
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
27.02.2025 and upon hearing the arguments of M/S PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner and of M/S
WP(C) No.38501/2024 2/5 Order Date : 27-03-2025
S.P.ARAVINDAKSHAN PILLAY, N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO,
S.A.ANAND, K.N.REMYA, L.ANNAPOORNA, FAIRUZ M. & ASWATHY N., Advocates
for R5, the court passed the following:
WP(C) No.38501/2024 3/5 Order Date : 27-03-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C) Nos. 32922/2024, 46092/2024, 424/2025,
653/2025, 842/2025, 847/2025, 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,
43510/2024, 42579/2024, 42685/2024, 43486/2024,
40768/2024, 40755/2024, 40763/2024, 40750/2024,
42428/2024, 40760/2024, 40757/2024, 40758/2024 ,
41719/2024, 44332/2024,45479/2024, 45920/2024,
46185/2024
Dated this the 27th day of March, 2025
--------------------------------------------
ORDER
Interim order is extended by two months.
Post on 22.05.2025 along with connected cases.
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) No.38501/2024 4/5 Order Date : 27-03-2025
APPENDIX OF WP(C) 38501/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 20/07/2022
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING NO.DIA/KL/PL/16/2018
DATED 31/08/2018, WITH A VALIDITY OF 5 YEARS
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/1230(E58114) VALID FROM
24/05/2022 UPTO 31/03/2027 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM,
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT TO
OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, BEARING FILE NO. KSPCB/PL/ICO/10041383/2024,
DATED 02/01/2024, VALID UPTO 23/06/2027
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, ISSUED
BY THE SECRETARY, THIRUMITTAKKODE GRAMA PANCHAYAT,
DATED 01/04/2024, WHICH IS VALID UPTO 31/03/2025
Exhibit P6 TRUE COPY OF THE LICENSE, ISSUED BY THE SECRETARY,
NAGALASSERY GRAMA PANCHAYAT, DATED 13/03/2024, WHICH IS
VALID UPTO 27/10/2024
Exhibit P6(a) TRUE COPY OF THE RECEIPT DATED 13/03/2024, ISSUED BY
THE OFFICE OF THE 5 TH RESPONDENT, SHOWING THE
REMITTANCE OF RENEWAL FEE AMOUNTING TO RS.22500/-, FOR
THE PERIOD 2024-2025
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 O.M. DATED 28-4-2023 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 V. MOEF&CC
Exhibit P11 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 11873/2024, DATED 22/03/2024
Exhibit P12 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.17870/2024 DATED 20/05/2024
Exhibit P13 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19296/2024 DATED 05/06/2024
Exhibit P13(a) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.22114/2024 DATED 20/06/2024
Exhibit P14 TRUE COPY OF THE MOVEMENT PERMIT DATED 01/10/2024,
WHICH IS VALID UPTO 26/10/2024
Exhibit 14(a) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.37377/2024 DATED 24/10/2024
Exhibit P15 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P16 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P17 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P18 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
WP(C) No.38501/2024 5/5 Order Date : 27-03-2025
Exhibit P18 (a) TRUE COPY OF THE RELEVANT PAGE OF LICENSE ISSUED BY THE
5 TH RESPONDENT DATED 13/03/2024, THE VALIDITY EXTENDED
UPTO 07/11/2024
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
Exhibit P20 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL, SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 28/11/2024
