Kerala High Court
M/S.Divon Rock Products Pvt. Ltd vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.38663/2024 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. 38663 OF 2024
PETITIONER:
M/S.DIVON ROCK PRODUCTS PVT. LTD., KONNANAMKADU, BALAL
POST,KASARAGOD-REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 671533
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
KASARAGODE, PIN - 671123
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 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 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 SRI.PHILIP J.VETTICKATTU
Advocate for the petitioner, the court passed the following:
WP(C) No.38663/2024 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.38663/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 38663/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN M/S. MAHADEV METALS AND THE 1 ST
RESPONDENT, DATED 12/11/2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE TRANSFER OF
QUARRYING LEASE DATED 19/04/2021,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE GRANTED BY DEIAA, DATED 30/01/2018
Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE 4 TH RESPONDENT,
DATED 30/07/2021, TRANSFERRING THE ENVIRONMENTAL
CLEARANCE TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/1029(E49400), DATED
08/01/2024 WITH A VALIDITY UPTO 31/03/2029 ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 03/10/2023, VALID UPTO
31/10/2027, BEARING FILE NO.KSPCB/KS/ICO/10038493/2023,
Exhibit P7 TRUE COPY OF THE LICENSE, ISSUED BY THE BALAL GRAMA
PANCHAYAT, BEARING NO.544/GPO/2024/6645, DATED
29/01/2024, WHICH IS VALID UPTO 31/03/2027,
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 INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 3083/2023, DATED 31/01/2023
Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT DATED 21/10/2024,
WHICH IS VALID UPTO 19/11/2024,
Exhibit P12 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH
KUMAR V. MOEF AND CC
Exhibit P14 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
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 PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P19 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE PARIVESH
PORTAL, SHOWING THE SUBMISSION OF APPLICATION FOR
REAPPRAISAL OF ENVIRONMENTAL CLEARANCE, ON 23/11/2023
