Kerala High Court
Sree Siva Granites vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.39452/2024 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. 39452 OF 2024
PETITIONER:
SREE SIVA GRANITES, AGED 59 YEARS KOLIYAR, ATTENGANAM POST,
ANANDASHRAM(VIA), KASARAGOD DISTRICT, REPRESENTED BY ITS MANAGING
PARTNER SMT.SAVITHRI THAMBAN, PIN - 671531
RESPONDENT:
1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
CIVIL STATION, KASARAGOD, PIN - 671121
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),
MEMBER SECRETARY, 4TH FLOOR,KSRTC BUS TERMINAL
COMPLEX,THIRUVANANTHAPURAM, PIN - 695001
5. KERALA STATE POLLUTION CONTROL BOARD, NEAR MAM ARCADE RAILWAY
STATION,KANHANGAD, KASARGOD, PIN - 671315
6. 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 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. 4) direct the 5 th respondent, to renew consent to
operate for the period applied for, provisionally, without insisting for
any reappraisal of environmental clearance as a condition precedent;
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 petitioners the court passed the following:
WP(C) No.39452/2024 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.39452/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 39452/2024
EXHIBITP1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 16/05/2022
EXHIBITP2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 08/03/2018, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
EXHIBITP3. TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/361(E11857), DATE OF
RENEWAL 21/02/2022, FOR A PERIOD UPTO 31/03/2027 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
EXHIBITP4. TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT
VARIATION ORDER ISSUED BY THE 5 TH RESPONDENT, DATED
08/05/2024, VALID UPTO 27/10/2024, BEARING FILE NO.
KSPCB/KS/ICO/10068103/VAR/ 2024
EXHIBITP5. TRUE COPY OF THE RECEIPT DATED 31/10/2024, ISSUED FROM
THE OFFICE OF THE 5 TH RESPONDENT,
EXHIBITP6. TRUE COPY OF THE LICENSE, DATED 06/04/2024, ISSUED BY
THE SECRETARY, KODOM BELOOR GRAMA PANCHAYAT, VALID UP
TO 31/03/2025
EXHIBITP7. TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBITP8. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBITP9. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 8329/2023 DATED 10/03/2023
EXHIBITP10. TRUE COPY OF THE MOVEMENT PERMIT DATED 10/10/2024,
WHICH IS VALID UPTO 26/10/2024
EXHIBITP11. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBITP12. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022 IN O.A.NO.142/2022
EXHIBITP13. TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBITP14. TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL DATED 07/03/2024,
EXHIBITP15. TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
EXHIBITP16. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBITP17. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P19. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
