Kerala High Court
Sabu Abraham vs State Of Kerala on 18 September, 2025
2025:KER:70377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA,
1947
WA NO. 678 OF 2020
AGAINST THE JUDGMENT DATED 16.11.2018 IN WP(C) NO.23836
OF 2018 OF HIGH COURT OF KERALA
APPELLANT/6TH RESPONDENT:
SABU ABRAHAM, AGED 50 YEARS
S/O.JOSEPH ABRAHAM, KURISUMMOOTTIL HOUSE,
P.O.,MADATHIL-670 703.
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
REPRESENTED BY ITS MEMBER SECRETARY,
PETTA,PALLIMUKKU P.O.,
THIRUVANANTHAPURAM-695 024.
3 DISTRICT ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
DISTRICT COLLECTOR,
COLLECTORATE, KANNUR-670 001.
4 THE DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS SECRETARY, GEOLOGIST,
W.A.Nos.1296 of 2019 & 678 of 2020
2025:KER:70377
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KANNUR-670 002.
5 GEOLOGIST,
DISTRICT OFFICE,
DEPARTMENT OF MINING AND GEOLOGY,
KANNUR-670 002.
6 BINU JACOB, 46 YEARS OF AGE,
S/O.ANNAMMA,CHONAKARAYIL, PALAYAD, PAYYAVOOR,
PAZHASSIKARI, KANNUR-670 633.
BY ADVS.
SRI.M.P.SREEKRISHNAN
SRI.NANDAGOPAL S.KURUP
SHRI.ADITH KIRAN R.S.
SHRI.S RENJITH, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
18.09.2025, ALONG WITH WA.1296/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1296 of 2019 & 678 of 2020
2025:KER:70377
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA,
1947
WA NO. 1296 OF 2019
AGAINST THE JUDGMENT DATED 16.11.2018 IN WP(C) NO.8584 OF
2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SABU ABRAHAM, AGED 49 YEARS
PROPRIETOR, M/S KURISSUMMOTTIL STONE QUARRY,
KURISSUMMOTTIL HOUSE, MADATHIL P.O., IRITTY,
KANNUR DISTRICT - 670 703
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DISASTER MANAGEMENT (REVENUE -K) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 DIRECTOR
DEPARTMENT OF MINING AND GEOLOGY,
KEASAVADASAPURAM, PATTAM PALACE.P.O.,
THIRUVANANTHAPURAM - 695 004
3 GEOLOGIST
KANNUR - 670 001
W.A.Nos.1296 of 2019 & 678 of 2020
2025:KER:70377
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4 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE
KANNUR, REPRESENTED BY ITS MEMBER SECRETARY -
GEOLOGIST, COLLECTORATE, KANNUR - 670 001
5 DISTRICT ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY,
KANNUR, REPRESENTED BY ITS CHAIRMAN,
DISTRICT COLLECTOR, KANNUR - 670 001
6 KERALA STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY,
OBSERVATORY HILLS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM - 695 033
7 * ADDL R7
THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRPERSON(DISTRICT
COLLECTOR), KANNUR
IS SUOMOTU IMPLEADED AS ADDL. R7 AS PER ORDER
DTD 19/7/24 IN WA 1296/19
BY SRI.S. RENJITH, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
18.09.2025, ALONG WITH WA.678/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.A.Nos.1296 of 2019 & 678 of 2020
2025:KER:70377
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JUDGMENT
Dated this the 18th day of September, 2025
Nitin Jamdar, C.J.
Heard Mr.P.M.Ziraj, learned counsel for the Appellant in both
the appeals, Mr.M.P.Sreekrishnan, learned counsel for Respondent
No.2 in W.A.No.678 of 2020, Mr.Nandagopal S.Kurup, learned
counsel for Respondent No.6 in W.A.No.678 of 2020 and
Mr.S.Renjith, learned Special Government Pleader.
2. On 12 August 2025, the following order was passed:
" Heard Mr. P.M. Ziraj, learned counsel for the Appellant
in both the appeals, Mr. M.P. Sreekrishnan, learned counsel
appearing for Respondent No.2 in W.A.No. 678 of 2020,
Mr. Nandagopal S. Kurup, learned counsel appearing for
Respondent No.6 in W.A.No. 678 of 2020 and Mr. S.
Renjith, learned Special Government Pleader.
2. The learned counsel for the Original Petitioner and the
learned counsel for the Environmenl Impact Assessment
Authority point out that, as of today, there is no
Environmental Clearance in favour of the Appellant for the
last seven years and that the mining lease has also expired.
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3. Learned counsel for the Appellant seeks time to take
instructions as to whether the Appellant intends to pursue
these appeals or not. At his request, post on 18 September
2025.
4. If no satisfactory reasons are placed on record, the Court
may consider disposing of the appeals as infructuous,
leaving the parties to their rights and remedies to be
worked out as per law. "
3. The learned counsel for the Appellant states that the appeals
need not be kept pending and as regards the subsequent
developments, the Appellant will pursue the remedies that may be
available in law.
4. The appeals are accordingly disposed of.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
Basant Balaji
Judge
ds 18.09.2025
W.A.Nos.1296 of 2019 & 678 of 2020
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PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE GO (RT) NO.
388/2022/DMD DATED 28.04.2022 ISSUED
BY GOVERNMENT OF KERALA
Annexure -2 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT IN I.A.NO.2 OF 2023
IN W.A. NO.2403 OF 2018 DATED
3.10.2023
Annexure 3 TRUE COPY OF THE REPORT PREPARED BY
DEPARTMENT OF MINING ENGINEERING,
NATIONAL INSTITUTE OF TECHNOLOGY,
KARNATAKA DATED 30.5.2025
