Kerala High Court
Mohammed K vs The District Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.40258/2024 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. 40258 OF 2024
PETITIONER:
MOHAMMED K, AGED 45 YEARS, S/O. ALAVI, KURIKKATTIL HOUSE,
KANNAMVETTIKAVU, PULIKKAL PO, CHERUKAVU, KONDOTY, MALAPPURAM
DISTRICT, PIN-673637
RESPONDENTS:
1. THE DISTRICT GEOLOGIST MALAPPURAM DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
MANJERI, MALAPPURAM DISTRICT, PIN-676121
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO, THIRUVANANTHAPURAM DISTRICT, PIN-695004
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, 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 DISTRICT, PIN- 695001
5. UNION OF INDIA, MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,
REPRESENTED BY ITS DIRECTOR, PARYAVARAN BHAVAN, NEW DELHI,
PIN-110014
6. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS
CHAIRMAN, HEAD OFFICE, PATTOM PO, THIRUVANANTHAPURAM DISTRICT,
PIN-695004
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: i) stay the operation of Ext. p14 judgment 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 judgment. ii) to direct respondent nos. 1 & 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 final 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. T.P.SAJID, K.P.MOHAMED
SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N., SREESHMA B. CHANDRAN,
HASHARURAHIMAN U., MOHEMED FAVAS & MUHAMMED BILAL K., Advocates for the
petitioner, the court passed the following:
WP(C) No.40258/2024 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.40258/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 40258/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 23/3/2018 WHICH IS VALID TILL
22/3/2030 UNDER THE TERMS OF RULE 43 OF THE KERALA
MINOR MINERAL CONCESSIONS RULES, 2015 AND IN COMPLIANCE
OF ARTICLE 299 OF THE CONSTITUTION OF INDIA
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
MALAPPURAM HAVING EC NO. 37/2017 DATED 23/01/2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 12/03/2019
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE DATED 15/09/2024 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER SECTION 232 OF
THE PANCHAYAT RAJ ACT, 1994 BY THE VAZHAKKADU GRAMA
PANCHAYAT DATED 16/01/2023
Exhibit P6 TRUE COPY OF MOVEMENT PERMIT DATED 01/10/2022
Exhibit P7 TRUE COPY OF THE FIRST PAGE OF THE MINING PLAN ON
11/09/2024.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 26/10/2022 PASSED
BY THIS HON'BLE COURT IN W.P.(C). NO. 34054 OF 2022 (F)
Exhibit P9 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL DATED 07/12/2022 IN O.A. NO. 142/2022 IN
JAYANTH KUMAR VS. MOEF & CC
Exhibit P11 TRUE COPY OF THE SOP DATED 15/01/2024 ISSUED BY THE
MOEF
Exhibit P12 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 30/08/2024 IN I.A.
NO. 6/2024 IN W.P.(C). NO. 14936/2024
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024
Exhibit P15 TRUE COPY OF THE INTERIM ORDER DATED 24/10/2024 IN
W.P.(C). NO. 27864/2023 OF THIS HON'BLE COURT
Exhibit P16 TRUE COPY OF THE ORDER DATED 07/11/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
Exhibit P17 TRUE COPY OF THE APPLICATION DATED 22/11/2024 IN THE
PRESCRIBED PERFORMA SUBMITTED THROUGH PARIVESH PORTAL
