Ashraf P vs State Of Kerala Represented By ... on 21 January, 2026

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
                               &
          THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
                    WP(PIL) NO. 86 OF 2025
PETITIONER/:

    1       ASHRAF P., AGED 53 YEARS
            S/O SHRI.APPUKUTTY, PALLIYALIL HOUSE,
            PUZHAMUDI PO, VENGAPPALLIIL, KELPETTA,
            KERALA, PIN - 673121

    2       SHYJU A C, AGED 42 YEARS
            S/O SHRI. CHANDRAN A K, R/O AMBALAKKUNNU,
            PUZHAMUDI PO, KELPETTA, WAYANAD,
            KERALA, PIN - 673121

            BY ADVS.
            SMT.REENA SHARON SURESH
            SRI.K.P.S.SURESH
            SMT.ANJUMAN HABEEB
            SHRI.RAVIKUMAR S.


RESPONDENTS:

    1       STATE OF KERALA REPRESENTED BY PRINCIPAL
            SECRETARY, DEPARTMENT OF ENVIRONMENT & CLIMATE
            CHANGE, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       UNION OF INDIA REPRESENTED THE SECRETARY TO THE
            GOVT. OF INDIA
            MINISTRY OF EVNIRONMENT,
            FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN
            BHAWAN, JORBAGH ROAD, NEW DELHI, PIN - 110003

    3       SECRETARY
            STATE POLLUTION CONTROL BOARD PLAMOODU,
            PATTOM P.O THIRUVANANTHAPURAM, PIN - 695004
 WP(PIL) NO. 86 OF 2025



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     4     DISTRICT COLLECTOR
           DISTRICT COLLECTORATE, CIVIL STATION, KALPETTA
           WAYANAD DISTRICT, PIN - 673121

     5     THE SECRETARY
           STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
           (SEIAA) OF KERALA, KSRTC BUS TERMINAL COMPLEX,
           THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001

     6     DIRECTOR (MINING & GEOLOGY)
           DIRECTORATE OF MINING & GEOLOGY,
           KESAVADASAPURAM, PATTOM,
           THIRUVANANTHAPURAM, PIN - 695004

     7     GEOLOGIST
           O/O. THE DISTRICT GEOLOGIST, CIVIL STATION,
           KALPETTA, WAYANAD, PIN - 673121

     8     THE SECRETARY
           VENGAPALLI GRAMA PNCHAYATH, PANCHAYAT OFFICE,
           P.O. VENGAPPALLI, VYTHIRI TALUK,
           WAYANAD, PIN - 673122

 ADDL.R9 SHRI.M.M.THOMAS
         MANAGING PARTNER, WAYANAD GRANITES,
         PINANGODE P.O., KALPETTA, WAYANAD,
         KERALA - 673 121. ADDL.R9 IS IMPLEADED AS PER
         ORDER DATED 25/07/2025 IN WP(PIL) 86/2025.

           BY ADVS.
           SHRI.K.ARJUN VENUGOPAL, CGC
           SRI.M.P.SREEKRISHNAN
           SHRI.MANOJ RAMASWAMY, SC, VENGAPPALLY GRAMA
           PANCHAYAT
           SHRI.PHILIP J.VETTICKATTU
           SMT.NEENU BERNATH
           SHRI.SAJU S. DOMINIC
           SRI.M.RAMESH CHANDER (SR.)
           SMT.VINEETHA B., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (PUBLIC INTEREST LITIGATION)
HAVING BEEN FINALLY HEARD ON 21.01.2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(PIL) NO. 86 OF 2025



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                          JUDGMENT

Dated this the 21st day of January, 2026

Soumen Sen, C.J.

After having heard the learned counsel for the parties,

and having regard to the nature of the order dated 26

November 2025, the writ petition is disposed of by

confirming the said order.

Sd/-

Soumen Sen Chief Justice

Sd/-

Syam Kumar V.M. Judge ds 21.01.2026 WP(PIL) NO. 86 OF 2025

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APPENDIX OF WP(PIL) NO. 86 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE VIDE NO.109/2017 ISSUED IN PROCEEDINGS OF STATE IMPACT ASSESSMENT AUTHORITY OF KERALA VIDE NO.1132/EC/SEIAA/2017 DATED 29-12-2017 Exhibit P2 TRUE COPY OF PHOTOGRAPHIC PROOF / NEWS CUTTINGS TO SHOW PRESENT STATE OF AFFAIRS INCLUDING THE PHOTOS OF RECENT PUBLIC PROTECT DEMANDING PROTECTION OF ENVIRONMENT AND LIFE ARE PRODUCED (COLLY) Exhibit P3 TRUE COPY OF THE RESOLUTION DATED 29- 01-2025 MOVED BEFORE THE GRAMASABHA OF WARD-8 OF THE PANCHAYAT (ALONG WITH TYPED COPY OF THE MAIN PART OF RESOLUTION) AND ITS TRANSLATION IN ENGLISH Exhibit P3(a) TRUE COPY OF REPRESENTATION SUBMITTED TO HON'BLE CHIEF MINISTER SHRI.PINARAY VIJAYAN DATED 23-11-2020 IS PRODUCED AND MARKED ALONG WITH TYPED COPY AND ENGLISH TRANSLATION Exhibit P3(b) TRUE COPY OF A REPRESENTATION MADE BY THE ACTION COMMITTEE TO THE RDO, MANANTHAVADI DATED 11-09-2020 (ALONG WITH TYPED COPY) Exhibit P3(c) TRUE COPY OF A REPRESENTATION DATED 03-08-2020 SUBMITTED TO THE DISTRICT OFFICER, MINING & GEOLOGY, WAYANAD ALONG WITH TYPED COPY AND TRANSLATION Exhibit P4 TRUE COPY OF RELEVANT PAGES OF PROGRESSIVE MINE CLOSURE PLAN OF WAYANAD GRANITE QUARRY- 2017 Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF LAND TAX RECORDS A/W ENGLISH VERSION FROM THE RECORDS OF VYTHIRI TALUK OFFICE WP(PIL) NO. 86 OF 2025

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RESPONDENT EXHIBITS

Exhibit R9(a) True copy of the report submitted by the experts after conducting Geo technical appraisal of the quarry sites in Wayanad district Exhibit R9(b) True copy of the order bearing No.DCWYD/9464/2019-DEOC 1-Part(1), dated 07/11/2019, passed by the District Disaster Management Authority, Wayanad and its English Translation Exhibit R9(c) True copy of the screenshot taken from the official website of the Mining and Geology Department (Wayanad District) Exhibit R9(d) True copy of the relevant page of the half yearly report submitted by the respondent dated 07/09/2018 for the period October 2017 to March 2018 and its typed copy Exhibit R9(e) True copy of the relevant page of the half yearly report submitted by the respondent dated 19/02/2019 for the period April 2018 to September 2018 and and its typed copy Exhibit R9(f) True copy of the relevant page of the half yearly report submitted by the respondent dated 27/05/2019 for the period October 2018 to March 2019 and its typed copy Exhibit R9(g) True copy of the relevant page of the half yearly report submitted by the respondent dated 23/12/2019 for the period April 2019 to September 2019 and its typed copy Exhibit R9(h) True copy of the relevant page of the half yearly report submitted by the respondent dated 12/06/2020 for the period October 2019 to March 2020, and its typed copy Exhibit R9(i) True copy of the relevant page of the WP(PIL) NO. 86 OF 2025

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half yearly report submitted by the respondent dated 12/11/2020 for the period April 2020 to September 2020 and its typed copy Exhibit R9(j) True copy of the relevant page of the half yearly report submitted by the respondent dated 10/04/2021 for the period October 2020 to March 2021and its typed copy Exhibit R9(k) True copy of the relevant page of the half yearly report submitted by the respondent dated 18/10/2021 for the period April 2021 to September 2021 and its typed copy Exhibit R9(l) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period October 2021 to March 2022 and its typed copy Exhibit R9(m) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period April 2022 to September 2022 and its typed copy Exhibit R9(n) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period October 2022 to March 2023, and its typed copy Exhibit R9(o) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period April 2023 to September 2023, and its typed copy Exhibit R9(p) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period October 2023 to March 2024, and its typed copy Exhibit R9(q) True copy of the relevant page of the half yearly report submitted by the respondent, dated Nil, for the period WP(PIL) NO. 86 OF 2025

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April 2024 to September 2024 and its typed copy Exhibit R9(r) True copy of the relevant page of the half yearly report submitted by the respondent dated 19/05/2025 for the period October 2024 to March 2025 Exhibit R9(s) True copy of the compliance report dated 29/06/2022 submitted by the IRO Bangalore after inspecting the site Exhibit R9(t) True copy of the proceedings dated 23/05/2023 issued by the District Geologist, approving the scheme of mining Exhibit R9(u) True copy of the photographs showing the top soil stored area protected by coir matting Exhibit R9(v) True copy of the photographs showing the top soil stored area planted with saplings Exhibit R9(w) True copy of the photographs showing the blasting mats for preventing the dust and also flying rocks Exhibit R9(x) True copy of the photograph showing the sprinklers used in the area Exhibit R9(y) True copy of the photographs showing the tanker wetting the inside of the quarry Exhibit R9(z) True copy of the report dated 27/12/2024, submitted by the Sub Collector, Mananthavadi, to the District Collector Wayanad, obtained under the provisions of RTI Act 2005, and its English Translation Exhibit R9(aa) True copy of the letter dated 17/02/2025, issued by Sub Collector Mananthavadi to District Collector, Wayanad, obtained under the provisions of RTI Act 2005 and its English Translation Exhibit R9(ab) True copy of the photographs of the office building of this respondent Exhibit R9(ac) True copy of the extract of the WP(PIL) NO. 86 OF 2025

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relevant page of the BTR bearing No.718/2022 dated Nil and its English Translation Exhibit Rt(ad) True copy of the non assignment certificate issued by the revenue authority dated 20/04/2022 and its English Translation Exhibit R9(ae) True copy of the report of the Taluk Surveyor dated 19/05/2025, obtained under the provisions of RTI Act 2005 and its English Translation Exhibit R9(af) True copy of the sketch submitted along with the scheme of mining wherein the parcel of land shown and approved as non mining area Exhibit R9(ag) True copy of the certificate dated 15/04/2022 issued by the competent authority Exhibit R9(ah) True copy of the appointment letter appointing the said person dated 28/10/2022 Exhibit R9(ai) True copy of the relevant pages of the quarrying lease executed between this respondent and the competent authority dated 20/03/2018, which is valid upto 19/03/2029 Exhibit R9(aj) True copy of the interim order passed by this Hon'ble Court in W.P(c) No.40292/2022 dated 13/12/2022 Exhibit R9(ak) True copy of the relevant page of the explosive license dated 07/02/2024, which is valid upto 31/03/2029 Exhibit R9(al) True copy of the relevant pages of the consent to operate dated 04/10/2023, which is valid upto 28/12/2028, issued by the pollution control board Exhibit R9(am) True copy of the relevant page of the license issued by the local authority dated 01/04/2025, which is valid upto 31/03/2026 and its English Translation Exhibit R9(an) True copy of the movement permit issued by the mining and geology dated WP(PIL) NO. 86 OF 2025

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14/08/2025, which is valid upto 27/09/2025 Exhibit-R2(a) True copy of the Notification S.O. 1886 (E) dated 20.04.2022. Exhibit-R2(b) True copy of the Notification S.O. 637 (E) dated 28.02.2014.

Exhibit-R2(c) True copy of the notification dated 28.08.2025 bearing No. S.O. 3937(E).

Exhibit R3(a)            True copy of the Integrated Consent to
                         Operate       -       Renewal        No.

KSPCB/WA/ICO/10043517/2023 dated 4-10- 2023, issued by the Pollution Control Board.

Exhibit R3(b) True copy of the Report No. PCBDWD/388/2024-AE2 dated 1-1-2025 submitted by the PCB before the Sub Divisional Magistrate, Wayanad, along with English translation. Exhibit R8 (a) True copy of the vide License No.26/2025-2026/JC-2/1069/25 dated 01.04.2025 issued by this respondent