Hilton Stones And Aggregates Llp vs State Of Kerala
2025 Latest Caselaw 9687 Ker

Kerala High Court

Hilton Stones And Aggregates Llp vs State Of Kerala on 14 October, 2025

                                                     2025:KER:76856
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947

                       WP(C) NO. 33221 OF 2025

PETITIONER:

          HILTON STONES AND AGGREGATES LLP.,
          AGED 50 YEARS
          1/109A, THAYYIL HOUSE, VENGALLOOR P.O., REPRESENTED BY
          ITS DESIGNATED PARTNER, JOMON JACOB, AGED 50 YEARS,
          S/O. JACOB, THAYYIL HOUSE, VENGALLOOR KARA,
          KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI
          DISTRICT, PIN - 685608

          BY ADVS.
          SRI.MANU VYASAN PETER
          SRI.P.B.SUBRAMANYAN
          SRI.SABU GEORGE
          SMT.B.ANUSREE



RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT,
           GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001
     2     THE ADDITIONAL DISTRICT MAGISTRATE,
           CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR
           DISTRICT, PIN - 680003


OTHER PRESENT:

          BY ADV.DEEPA NARAYANAN - SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 33221 of 2025

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                                                        2025:KER:76856



                             J U D G M E N T

Dated this the 14th day of October, 2025

Petitioner was issued with Ext.P9 Explosives License under

the Explosives Rules, 2008. Subsequently, the same was

cancelled vide Ext.P12 on the premise that the

environmental clearance sought for by the petitioner was

rejected by the State Environment Impact Assessment

Authority (SEIAA).

2. It is the contention of the learned counsel for the

petitioner that the rejection of E.C. was set aside by this

Court, whereafter E.C. was granted to the petitioner, vide

Ext.P14. In such circumstances, the cancellation of Ext.P9

Explosives License is liable to be restored.

3. Having heard the learned counsel for the petitioner

and the learned Senior Government Pleader, this Court finds

merit in the submission made by the learned counsel for the

petitioner. It is important to note that the petitioner's

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2025:KER:76856

Explosives License vide Ext.P9 was cancelled vide Ext.P12

only taking stock of the fact that the environmental

clearance sought for by the petitioner was rejected. That

defect is now cured, and a valid E.C. has been issued in

favour of the petitioner. If that be so, there exists no

reason for not restoring Ext.P9 Explosives License.

4. In the circumstances, there will be a direction to the

2nd respondent to take necessary steps in accordance with

law to restore Ext.P9 Explosives License expeditiously, at

any rate within a period of three weeks from the date of

receipt of a copy of this judgment. The petitioner will

produce a copy of the judgment before the 2 nd respondent,

for compliance.

The Writ Petition (Civil) is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR

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2025:KER:76856

APPENDIX OF WP(C) 33221/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.

1316/I/2020 DATED 27.11.2020 OF SRO CHELAKKARA Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL08024301239/2025 DATED 12.04.2025 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR Exhibit P3 TRUE COPY OF THE SALE DEED BEARING NO.

2061/I/2006 OF SRO CHELAKKARA DATED 16.09.2006 Exhibit P4 TRUE COPY OF THE SALE DEED BEARING NO.

2084/I/2006 OF SRO CHELAKKARA DATED 18.09.2006 Exhibit P5 TRUE COPY OF THE NON-ASSIGNMENT CERTIFICATE DATED 10.07.2025 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EVIDENCING NON-ASSIGNMENT AND OTHER ASPECTS Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EVIDENCING THE FACT THAT NO QUARRY IS FUNCTION WITHIN 500 METERS Exhibit P7 TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EVIDENCING THAT THE PROPERTY IS WELL BOUNDED Exhibit P8 TRUE COPY OF THE ORDER DATED 24.07.2023 ISSUED BY THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), KERALA Exhibit P9 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 27.12.2022 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR Exhibit P10 TRUE COPY OF THE NOTICE DATED

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2025:KER:76856

14.08.2023 ISSUED BY THE OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 17.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR Exhibit P12 TRUE COPY OF THE ORDER OF CANCELLATION DATED 08.09.2023 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 02.04.2024 IN W.P(C) NO. 25752 OF 2023 OF THIS HON'BLE COURT Exhibit P14 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 10.03.2025 ISSUED BY THE STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KERALA Exhibit P15 TRUE COPY OF THE CONSENT TO OPERATE DATED 01.06.2025 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 24.04.2024 SUBMITTED BY THE PETITIONER Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER Exhibit P18 TRUE COPY OF THE RECEIPT DATED 18.03.2025 ISSUED BY THE DISTRICT COLLECTOR, THRISSUR Exhibit P19 TRUE COPY OF THE REPRESENTATION DATED 13.06.2025 SUBMITTED BY THE PETITIONER Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 25.07.2025 SUBMITTED BY THE PETITIONER