Kerala High Court
M/S. Crescent Granite Products vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.40022/2024 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. 40022 OF 2024
PETITIONER:
M/S. CRESCENT GRANITE PRODUCTS OLD LAKKIDI, AKALUR P.O. PALAKKAD,
REPRESENTED BY ITS MANAGING PARTNER, SRI.SHOUKKATHALI P, PIN-679302
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, 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.P16 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.P16. 2) stay the operation of Ext.P17 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 coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC, Advocates for
the petitioner, the court passed the following:
WP(C) No.40022/2024 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.40022/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 40022/2024
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING PERMIT
EXECUTED IN FORM M ISSUED BY THE 1ST RESPONDENT, DATED
28-03-2024
EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, DATED
01/02/2018,
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07/10/2021 ISSUED BY THE
4TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, DATED 02/04/2024 WITH A VALIDITY UPTO
31/3/2025 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE -- RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 13/03/2024, VALID UPTO
01/02/2025,
EXHIBIT P6. TRUE COPY OF THE LICENSE, ISSUED BY THE SECRETARY,
LAKKIDI -- PERUR GRAMA PANCHAYAT, DATED 05/4/2024, WHICH
IS VALID UPTO 31/3/2025,
Exhibit P7. TRUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
EXHIBIT P8. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 34558/2023, DATED 19/10/2023
EXHIBIT P9. TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT, DATED
07/12/2023
Exhibit P10. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.N0.142/2022 IN JAYANTH
KUMAR V. MOEF & CC
EXHIBIT P12, TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBIT P13. TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF O.M DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
EXHIBITP 14. TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 26/10/2024, WHICH IS VALID UPTO
06/11/2024
EXHIBIT P15. TRUE COPY OF THE RELEVANT PAGE OF THE APPLICATION
SUBMITTED FOR REAPPRAISAL DATED 28/04/2024
EXHIBIT P16. TRUE COPY OF THE JUDGMENT PASSED BY THE NATIONAL GREEN
TRIBUNAL IN O.A. 142/2022, DATED 08/08/2024
EXHIBIT P17 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P18. TRUE COPY OF THE INTERIM ORDER GRANTED IN ONE OF THE
WRIT PETITIONS I.E., W.P.(C) 36737/2024, DATED
24/10/2024
EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 36737/2024,
DATED 07/11/2024
EXHIBIT P20. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
