Kerala High Court
M.P. Abdulla vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.45479/2024 1/4 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. 45479 OF 2024
PETITIONER:
M.P. ABDULLA, AGED 68 YEARS S/O. KUNHIMOOSA, FASNAS, KANNAVAM P.O,
CHITTARIPARAMBA, KANNUR, PIN - 670650
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
KANNUR, PIN - 670002
2. THE DIRECTOR, MINING AND GEOLOGYDIRECTORATE, 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, provisionally, without insisting for any
reappraisal of the environmental clearance as a condition precedent,
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.45479/2024 2/4 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.45479/2024 3/4 Order Date : 27-03-2025
APPENDIX OF WP(C) 45479/2024
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 06-04-2O22
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 24/03/2018 ISSUED BY THE DISTRICT
ENVIRONMENT LMPACT ASSESSMENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE
LICENSE, RENEWED ON 16/09/2020, FOR A PERIOD UPTO
31/0312025, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGES OF THE LNTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 10-05-2023, VALID UPTO
31 /03/2028
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, DATED
28/10/2021, WHICH IS VALID FROM 27/10/2021 FOR A PERIOD
UPTO 31/03/2026 ISSUED BY THE SECRETARY, TRIPRANGOTTUR
GRAMA PANCHAYAT,
EXHIBIT P6. TRUE COPY OF THE MOVEMENT PERMIT DATED 05/11/2024,
WHICH IS VALID UPTO 06/11/2024
EXHIBIT P7. TRUE COPY OF S.O.NO.221(E), DATED 18/01/2021, ISSUED BY
THE MOEF
EXHIBIT P8. TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBIT P9. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBIT P10. TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN WITH
THE ENDORSEMENT "APPROVED" ON 22/01/2018, AND SHOWING
THE MINEABLE RESERVES
EXHIBIT P11 TRUE COPY OF THE OM. DATED 28/04/2023 ISSUED BY MOEF
EXHIBIT P11(a). TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022 IN O.A.NO.142/2022 IN
JAYANTH KUMAR VS. 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
EXHIBIT P14. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P15. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P16. TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024,
EXHIBIT P17. TRUE COPY OF THE SCREENSHOT SHOWING SUBMISSION OF
APPLICATION FOR REAPPRAISAL OF ENVIRONMENTAL CLEARANCE
DATED 11/11/2024
EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 24/10/2024
EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 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. 36737/2024, DATED 06/12/2024
WP(C) No.45479/2024 4/4 Order Date : 27-03-2025
EXHIBIT P21. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
