Kerala High Court
M/S. Modern Industries vs The Geologist on 27 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.42579/2024 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. 42579 OF 2024
PETITIONER:
M/S. MODERN INDUSTRIES BUILDING NO. VII/313, EDAYAR, KANNAVAM P.O,
KANNUR, REPRESENTED BY ITS PARTNER SHIBU PETER, PIN-670650
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
KANNUR, PIN-670002
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 direct:- 1) stay the operation and effect 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 and effect 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, without
insisting for any reappraisal of the environmental clearance, as a
condition precedent, 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 M/S. PHILIP J.VETTICKATTU,
NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner, the court
passed the following:
WP(C) No.42579/2024 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.42579/2024 3/3 Order Date : 27-03-2025
APPENDIX OF WP(C) 42579/2024
EXHIBIT P1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 19/02/2018,
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 05/01/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
EXHIBIT P3. TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE
LICENSE, RENEWED ON 28/03/2024, FOR A PERIOD UPTO
31/03/2025, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 23/09/2020, VALID UPTO
21/08/2025
EXHIBIT P5. RUE COPY OF THE LICENSE, DATED 20/05/2024, WHICH IS
VALID FROM 08/05/2024 FOR A PERIOD UPTO 31/03/2025
ISSUED BY THE SECRETARY, CHITTARIPARAMBU GRAMA
PANCHAYAT
EXHIBIT P6. TRUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
EXHIBIT P7. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBIT P8. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 11449/2023 DATED 04/04/2023
EXHIBIT P9. TRUE COPY OF THE MOVEMENT PERMIT DATED 05/11/2024,
WHICH IS VALID UPTO 07/11/2024,
EXHIBIT P10. TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBIT P11. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12- 2022 IN O.A.N0.142/2022 IN
JAYANTH KUMAR V. 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 SCREEN SHOT SHOWING THE SUBMISSION OF
APPLICATION FOR TOR, BEARING PROPOSAL NO.
SIA/KL/MIN/499723/2024 DATED 14/10/2024,
EXHIBIT P16(a). TRUE COPY OF THE SCREENSHOT SHOWING THE PROPOSAL STATUS
OF EXT.P16 DATED NIL
EXHIBIT P17. TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NOS.3799-3800 /2024, DATED
12/11/2024,
EXHIBIT P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO0.36737/2024, DATED 24/10/2024
EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONBLE
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) NO0.19143/2024, DATED 12-8-2024
