Kerala High Court
Rajesh T.V vs The District Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.40750/2024 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. 40750 OF 2024
PETITIONER:
RAJESH T.V AGED 48 YEARS S/O. KUNHIRAMAN, RAJESH BHAVAN,
KEEZHATTOOR, TALIPARAMBA PO, KANNUR DISTRICT , PIN - 670141
RESPONDENTS:
1. THE DISTRICT GEOLOGIST KASARGOD DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THEDISTRICT GEOLOGIST, DISTRICT OFFICE,
KASARGOD , PIN - 676121
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO, THIRUVANANTHAPURAM, PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT , PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , 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 fo: i) stay the operation of ext. p13 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. p13 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 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. 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.40750/2024 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.40750/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 40750/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 4/4/2018 WHICH IS VALID TILL
3/4/2027 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
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA
HAVING EC NO. 6/2017 DATED 20/10/2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 28/02/2020
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE DATED 15/11/2023 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER 447 OF THE
PANCHAYAT RAJ ACT, 1994 BY THE KAYYOOR - CHEEMENI GRAMA
PANCHAYAT DATED 11/04/2024
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
21/10/2022 ISSUED BY THE DEPARTMENT OF MINING AND
GEOLOGY
Exhibit P7 TRUE COPY OF THE FRONT PAGE OF THE MINING PLAN ON
21/10/2022.
Exhibit P8 TRUE COPY OF THE O.M. DATED 28/04/2023 ISSUED BY THE
MOEF
Exhibit P9 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 P10 TRUE COPY OF THE O.M DATED 15/01/2024 ISSUED BY THE
MOEF
Exhibit P11 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 30/08/2024 IN I.A.
NO. 6/2024 IN W.P.(C). NO. 14936/2024 OF THIS HON'BLE
COURT
Exhibit P13 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024 OF THIS HON'BLE COURT
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 31/01/2023 IN
W.P.(C). NO. 3053/2023 OF THIS HON'BLE COURT
Exhibit P15 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
