Kerala High Court
Jovin George vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.39207/2024 1/3 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. 39207 OF 2024
PETITIONER:
JOVIN GEORGE, AGED 49 YEARS MADATHINAMATTATHIL HOUSE, PALISSERI,
THALASSERY P.O, THALASSERY VILLAGE, KANNUR, PIN - 670101
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, KANNUR, PIN - 670002
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. 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.p14 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.p14; 2) stay the operation of ext.p15 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;
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,
SHRI.JAGADEESH LAKSHMAN, CGC for R5, the court passed the following:
WP(C) No.39207/2024 2/3 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.39207/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 39207/2024
EXHIBITP1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 09/10/2017
EXHIBITP2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 22/05/2017, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
04/2017,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SE/KL/22/18(E85231), DATE OF
RENEWAL 15/03/2024, FOR A PERIOD UPTO 31/03/2029 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 08/05/2020, VALID UPTO
30/04/2025, BEARING FILE NO. PCB/KNR/ICE/1915/2014
EXHIBITP5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, DATED
12/04/2021, ISSUED BY THE SECRETARY, TRIPRANGOTTOOR
GRAMA PANCHAYAT, VALID UP TO 31/03/2026,
EXHIBITP6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBITP7 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF
MINING, WITH THE ENDORSEMENT APPROVED ON 21/03/2024
EXHIBITP8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBITP9 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WP(C) NO. 12952/2023 AND CONNECTED CASE I.E.,
W.P.(C) NO. 12837/2023, DATED 27/09/2024
EXHIBITP10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBITP11 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
EXHIBITP12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBITP13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
EXHIBITP14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBITP15 COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF
EXHIBITP16 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE 1 ST
RESPONDENT DATED 19/10/2024, FOR A PERIOD UPTO
26/10/2024
EXHIBITP17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
EXHIBITP18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P19 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL,SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 26/11/2024
